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Prop 215

On November 5, 1996 the state of California passed what is known as Proposition 215. The proposition was a state wide voted initiative that was authroed by Anna Boyce, Dennis Peron, and other medical marijuana activists. After it was passed it allowed patients with a valid doctor recommendation, to posses and cultivate medical marijuana for personal medical use. The proposition was put to a vote and with over 55% of the vote passed. Many say that is it because of Proposition 215 that many states today have legalized medical marijuana.

Below you can find the outline for Proposition 215:

 

Section 1. Section 11362.5 is added to the California Health and Safety Code, to read:

11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.

(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:

(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the persons health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.

(2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes.

(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

(e) For the purposes of this section, Primary caregiver means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person.

Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.

Local medical marijuana garden guidelines

These guidelines are not legally binding limits, they are the threshold level for a patient with a bona fide recommendation to be presumed in compliance with California Health and Safety Code HS 11362.5 (Prop 215).

For an updated listing of local medical marijuana possession and garden guidelines and an examination of relevant scientific data, go to http://www.safeaccessnow.net/

Safe Access Now

Safe Access Now is a community based ad hoc coalition to have the Sonoma County guidelines adopted throughout the State of California. If you would like more information or to become engaged in this process, contact Ralph Sherrow at Safe Access Now.

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