Marijuana, Proposition 215: A Legal Update

Marijuana, Proposition 215:  A Legal Update

January, 2016
Robert C. Phillips
Deputy District Attorney (Ret.)

Proposition 215:  On November 6, 1996, the so-called “Compassionate Use Act of 1996” (“CUA”) became effective by popular vote at a general election, adding new Health and Safety Code section 11362.5.  This act legalized the cultivation and use of marijuana when necessary for medical purposes.

H&S § 11362.5(d) provides an affirmative defense for a patient and/or the patient's “primary caregiver” to the charges of simple possession of marijuana (H&S § 11357) and/or cultivation of marijuana (H&S § 11358) when both of the following requirements are met:

• The patient has the “written or oral recommendation or approval” of a physician to use marijuana; ....