The proposition was a statewide voter initiative authored by Dennis Peron, Anna Boyce RN, John Entwistle, Jr., Valerie Corral,[2] Dale Gieringer, Attorney William Panzer, medical marijuana activist and founder of the L.A. Cannabis Resource Center Scott Tracy Imler, attorney Leo Paoli and psychiatrist Tod H. Mikuriya, and approved by California voters.
Frustrated by the Governor's veto and by the Clinton administration's ongoing refusal to allow medical marijuana, Peron decided to turn to the voters.
"[6] The lead-up to the election saw a series of media-based attacks attempting to make the Yes on 215 Campaign a referendum on the controversial headquarters for the initiative, Dennis Peron's San Francisco Cannabis Buyer's Club.
The AIDS epidemic in the late 1980s to the early 1990s as well as recent studies regarding relief for chemotherapy patients were opening people's minds to medical marijuana.
[citation needed] Though medical marijuana was legalized and accepted by the majority of California voters, Proposition 215 does not supersede federal law.
'"[11] Concerning limits on possession created by Senate Bill 420, the California Supreme Court decision People v. Kelly decided multiple issues.
In a major case against Dr. Tod Mikuriya that went to trial before an Administrative Law Judge in 2002, the Judge decreed that physicians recommending medical cannabis must first do a full physical exam and review all medical tests and information pertinent to the patient despite anecdotal evidence that the patient's self-medication was helpful or needed.
The administrative law judge rendering the decision was a director of an organization actively trying to prevent the use of cannabis by persons who were prisoners or criminal defendants.
On December 30, 1996, Clinton administration officials including Donna Shalala and Janet Reno as well as Drug Czar Barry McCaffrey held a press conference announcing their intention to prosecute all involved in the prescribing of medical marijuana.
[15] Dan Abrahamson, legal director of the Lindesmith Center, recruited Graham Boyd to oppose the federal government's stance.
Boyd worked with the ACLU of Northern California and sued the federal government for violating doctor's and patient's first amendment rights.
According to Ethan Nadelmann, "If we had lost that battle, we wouldn't be having this conversation today," referring to a discussion of the success of medical marijuana initiatives across the country.
"[17] Previously, under Presidents Bill Clinton and George W. Bush, the United States Department of Justice had taken drastically different approaches to medical cannabis in California.
Author, activist, and grower "Ask Ed" Rosenthal (of High Times fame) was raided and charged by federal agents the same day DEA Administrator (and later Governor of Arkansas) Asa Hutchinson made a speech to the Commonwealth Club.
The presiding judge, Charles Breyer, did not allow any testimony that would have substantiated what Rosenthal was doing was legal under state law, or that he was doing it with the sanction and knowledge of local officials.
The only exception to this was when Judge Breyer allowed the defense to call then Oakland City Council member Nate Miley as a witness to testify that he had been to and inspected the warehouse where Rosenthal was cultivating.
The DEA has also begun threatening landlords who lease to marijuana clubs with Asset Forfeiture, a technique where real property can be seized by the federal government if used in the commission of a drug crime.
"[18][19] On June 12, 2009, a federal court handed down a sentence to Charles Lynch for a raid that occurred at his Central California medical marijuana dispensary in 2007.
[22] In what may be a shift in federal enforcement attitude, especially in those states where it's legal or decriminalized, President Obama made clear, in January 2014 that he feels cannabis is not as dangerous as alcohol.
Health and Safety Code Section 1362.785 Medical Marijuana use is not required to be accommodated inside the workplace or in any type of correctional facilities or during work hours.
In 2001, the Oakland Cannabis Buyers' Cooperative claimed "medical necessity" as their legal justification for violating the federal Controlled Substances Act (CSA).
"[26] However, in the majority opinion Justice Stevens expressed, though denying them support at that time, that he hoped "the voices of voters allied with these respondents may one day be heard in the halls of Congress.
Justice O'Connor disagreed with the majority's opinion because sanctioning this application of Congress's CSA "extinguishes that experiment, without any proof that the personal cultivation, possession, and use of marijuana for medicinal purposes, if economic activity in the first place, has a substantial effect on interstate commerce and is therefore an appropriate subject of federal regulation.