California: Marijuana Compassionate Use Statewide Initiative

A new statewide initiative to allow medical use of marijuana when recommended by a physician will soon be starting a drive for signatures to get onto the California ballot in 1996. On September 29 the initiative was submitted to the California Attorney General, who has five weeks to change the wording and write the title. After that time, the supporters of the initiative will have 150 days to collect 430,000 valid signatures of registered voters. Since some will be disqualified, they will need to collect 600,000 signatures in the 150 days -- a rate of 4,000 signatures per day, seven days a week, which is challenging but possible for a well- organized volunteer effort.

The one-page initiative says that no physician will be punished for recommending marijuana for medical purposes, and that the California laws against possession and cultivation of marijuana will not apply to a patient, or the patient's primary caregiver, when the marijuana is for the personal medical use of the patient under the physician's recommendation.

The initiative also defines "primary caregiver" ("the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person"). And it also states that "Nothing in this act 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."

This initiative was submitted by Californians for Compassionate Use, 1444 Market St., San Francisco, CA 94102, 415/621-3986, fax 415/621-0604. There are Affiliate Committees for Compassionate Use in 30 other California counties. Californians for Compassionate Use is a coalition including AIDS activists, cancer survivors, seniors, nurses, and physicians.

Comment

Medical access to marijuana when necessary for treatment of major illnesses such as AIDS, cancer, and glaucoma is overwhelmingly supported by public opinion, probably everywhere in the country. The California Legislature has passed bills to allow such access three times; Governor Wilson has vetoed two of the bills and said he will veto the third. But Wilson cannot veto the initiative measure, which will almost certainly be approved by the voters if they have a chance to vote on it.

The California initiative cannot change the Federal law, which will still prohibit medical use of marijuana. But it will take California out of the business of arresting and prosecuting people for legitimate medical use.

Californians for Compassionate Use also sees the petition organizing effort as "an opportunity for the people of California to collectively voice our compassion for a better society. From this coalition could come a way to house and feed all our citizens by reordering our priorities to help people instead of punishing them. This initiative is about marijuana as medicine, it is also about love and loss."

For more information about how you or your organization can help in gathering the necessary signatures, contact Californians for Compassionate Use at the phone, fax, or address above. Remember that it is too early to sign the petitions now; this is the time to prepare for the signature drive, which will start in several weeks.