California Proposition 215 (1996)

Proposition 215, or the Compassionate Use Act of 1996, is a California law allowing the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.

The proposition was a statewide voter initiative authored by Dennis Peron, Anna Boyce RN, John Entwistle, Jr., Valerie Corral, Dale Gieringer, William Panzer, Scott Imler, attorney Leo Paoli and psychiatrist Tod H. Mikuriya, and approved by California voters. It allows patients with a valid doctor's recommendation, and the patients' designated Primary Caregivers, to possess and cultivate marijuana for personal medical use, and has since been expanded to protect a growing system of collective and cooperative distribution. The Act added Section 11362.5 to the California Health and Safety Code. California Proposition 215 was the first medical marijuana ballot initiative passed at the state level; causing a conflict in the United States between states' rights advocates and those who support a stronger federal presence.

Proposition 215 was conceived by San Francisco marijuana activist Dennis Peron in memory of his partner, Jonathan West, who had used marijuana to treat symptoms of AIDS. In 1991, Peron organized Proposition P, the San Francisco medical marijuana initiative, which passed with 79% of the vote. Prop P did not have force of law, but was simply a resolution declaring the city's support for medical marijuana. Santa Cruz and other cities followed suit with similar measures endorsing medical use of marijuana. The California legislature went on to approve medical marijuana bills by State Senator Milton Marks and Assemblyman John Vasconcellos, but they were vetoed by Governor Pete Wilson. Dennis Peron, suffering from his own personal ill health, worked closely with Dr. Tod Mikuriya to organize Proposition 215. Dr. Mikuriya had worked to decriminalize cannabis and declassify cannabis as a Schedule 1 controlled substance. Dr. Mikuriya spoke worldwide during the 1980s and 1990s in an effort to garner support for the medical use of cannabis. Threats to Dennis Peron would cause Peron to leave the United States following the passage of Proposition 215. Meanwhile, the federal government's interagency Task Force, in conjunction with the resources of California's Attorney General and California's Medical Board, pursued any physician willing to recommend cannabis for medicinal reasons. More than 15 medical doctors would be forced to fight to keep their medical licenses.

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