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League of Women Voters of California

LWV California Education Fund Nonpartisan Analysis of

Proposition 215

Medical Use of Marijuana

Initiative Statute

The Question

Should patients and defined caregivers be allowed to grow and possess marjuana for medical purposes?

The Situation

Under current state law, it is a crime to grow or possess marijuana, regardless of how or why it is used. It is also a crime to transport, import into the state, sell, or give away marijuana. Marijuana is now listed only under the Controlled Substances Act as a drug that has high potential for abuse, lacks an accepted medical use, and is unsafe for use unless under medical supervision.

The Proposal

Proposition 215 would:
  • allow Californians the right to obtain and use marijuana for medical purposes when that medical use has been recommended by a physician for the treatment of illness for which marijuana provides relief.
  • provide that patients and their primary caregivers who obtain and use marijuana for medical purposes upon written or oral recommendation of a physician are not subject to criminal prosecution or sanction.
  • protect physicians from punishment, or from being denied any right or privilege, for having recommended marijuana to patients for medical purposes.
Fiscal effect: The Legislative Analyist says this measure would probably have no significant state or local fiscal effect.

Supporters Say

  • Proposition 215 protects doctors from punishment for recommending that patients use marijuana.
  • a clear distinction is created between medical use of marijuana and illegal drug abuse.
  • marijuana is established as a safe drug which should be available to seriously ill patients.

Opponents Say

  • Proposition 215 is a smoke-screen for legalization of marijuana to make it easy to obtain.
  • the use of marijuana to specific illnesses is not restricted.
  • this measure has no restrictions (age, criminal record, etc.) on who can use marijuana.
(Analysis prepared by the League of Women Voters of California Education Fund.)

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Last updated: October 20, 1996
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