If you have followed the legalization of cannabis in the United States, you are aware of California Proposition 215. The passage of this proposition has been a huge victory for the use of medical cannabis. It allows patients to legally use the plant for medical treatment and illness. Prop 215 also known as the Medical Use of Marijuana Initiative was initially on the ballot on November 5th, 1996.
The passage did not come without its opposition. In May of 2009, the U.S Supreme court decided that California can decide if it wanted to end their criminal penalties for medical marijuana. This came after San Bernardino and San Diego filed a lawsuit against the proposition on the grounds that the drug is illegal under federal law. In their suit, they requested that medical users carry identification cards. This would take the burden off citizens and law enforcement.
In California, citizens have the power to repeal legislation. Legislature may also place measures on the ballot. In People v. Kelly the U.S Supreme Court invalidated a law passed in 2003 on the grounds that the law imposed a stricter standard of medical marijuana. In other words, the government can no longer impose legal limits on the amount of possession of medical marijuana users. Ultimately Proposition 215 protects three groups of people doctors, patients, and caregivers. The official ballot summary states that it:
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Exempts patients and caregivers from possessing or cultivating marijuana for medical use if recommended by a physician. They are exempt from criminal laws which would otherwise prohibit possession or cultivation of marijuana;
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Provides doctors and physicians who recommend marijuana for medical treatment legal protection from being punished or denied any right or privilege;
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Declares measure not be construed to supersede prohibitions of conduct endangering others or to promote the use of marijuana for non-medical purposes;
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Contains a severability clause.
They further established this legislation with the Medical Marijuana Program Act of 2004. Its intention is to clarify what is legal and not legal in the state of California.
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By establishing a voluntary statewide identification card system;
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Setting limits on the amount of medical marijuana each card holder could individually possess;
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Laying out rules for the cultivation of medical marijuana by cooperatives.
Although Proposition 215 is considered to be a step in the right direction, some cities in California are using ordinances stating that all local, state and federal laws need to be followed. In essence this keeps the use of medical marijuana out of said counties.
