This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the Constitution.This initiative measure adds a section to the Health and Safety Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.
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)(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 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 section 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 section 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 that can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable."
There are really only two sections which are affirmative. First, Section 1(b)(2)(c) exempts physicians from prosecution or other sanctions for recommending marijuana to a patient for medical purposes. The second important section is Section 1(b)(2)(d) which exempts those who possess marijuana for medical purposes of the patient who “possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” (Emphasis added)
So anyone with any illness which might be relieved by the use of marijuana can grow, purchase, and use marijuana without fear of prosecution. I like the idea that a cancer patient or other sick person might find comfort through the use of any drug but I’m not so sure that ANY ILLNESS as the law notes is a good basis. All teens go through a period of anxiety while going through puberty. Since anxiety is suppressed with marijuana does that mean teens should all smoke a little dope to mellow out? I know a few parents who would gladly give their kids marijuana if it would make a positive difference. The problems, though, are many and using marijuana to cope with life situations is the same as getting drunk to deal with troubles at work. It is the same as using amphetamines to stay awake when your body needs to rest. Of course we can trivialize marijuana use with graphics like these: