Prop 215 is a ballot proposition passed by the California voters on November 5, 1996. Known as the Compassionate Use Act of 1996, Prop 215 allows patients with serious or terminal conditions to use medical marijuana to deal with pain, vomiting and other complications.
History of Prop 215
Prop 215 was first proposed by San Francisco activist Dennis Peron after his partner died of AIDS. His partner had been using marijuana to deal with the pain, and Peron took on the cause. With the eventual passage of the ballot proposition, patients can now use, and their caregivers can now provide, medical marijuana for medicinal purposes only.
Where and When
While Prop 215 allows for the use of medical marijuana, patients should be prepared to be questioned by police if they are caught using marijuana. Medical marijuana must be prescribed by a doctor, and patients should carry their medical marijuana permission card with them at all times. This way, police can confirm that the patient is under a doctor’s care. It is still illegal for recreational consumers to use the drug.
The law only allows for medical marijuana to be used within the home or other private facility. Driving while under the influence is still a crime, and patients should not use marijuana publicly.
Who Can Smoke Legally
Patients who are legally allowed to use marijuana under Prop 215 tend to have serious conditions. Many who apply to receive the medical marijuana permission card have cancer, AIDS, Multiple Sclerosis and many other terminal diseases. Chronic pain from such conditions as fibromyalgia and reflex sympathetic dystrophy is also treated with cannabis. While other conditions are thought to be helped by medical marijuana, only a doctor can provide a patient with the permission to use marijuana. A person cannot take it upon himself, legally, to just start using marijuana.
Caregivers and Medical Marijuana
If a person is terminally or seriously ill, the patient is more than likely to have a caregiver, which can be family member or friend. Caregivers are allowed to provide marijuana to patients under Prop 215. Since caregivers are responsible for the welfare of the patient, Proposition 215 bars caregivers from being criminally prosecuted for possession.
The passage of Prop 215 remains controversial in California among many people. The act has also brought California into conflict with the federal government, bringing forth the old battle between the federal government and states’ rights.
