Proposition 215 was approved by California voters on November 5, 1996
and went into effect on November 6, 1996. Detailed county-by-county
election results of Prop. 215 appear below.
Text of California's Proposition 215
SECTION 1.
Section 11362.5 is added to the 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) (l) 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 person's 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 to provide 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 nonmedical 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.
SECTION 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.
1996 General Election Returns for
Proposition 215 - Medical Marijuana
The number in each county indicates the percentage
of the vote cast as indicated by the color.
