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California Medical Marijuana Access Initiative (2016)

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Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

A California Medical Marijuana Access Initiative (#15-0018) did not make the November 8, 2016 ballot in California, as an initiated constitutional amendment.[1]

Text of measure

Ballot title:

Medical Marijuana. Initiative Constitutional Amendment.

Official summary:

"Bars state and local laws that restrict patients’ ability to obtain, cultivate, or transport medical marijuana, including concentrated cannabis, in any way that does not apply equally to other plants. Bars state and local laws that create a non-competitive market for medical marijuana. Broadens the definition of marijuana under state law to include all parts of, and anything made from, the marijuana plant. Bars state and local laws that restrict doctors’ ability to recommend marijuana to patients in any way that does not apply equally to herbal or therapeutic treatments."

Fiscal impact statement:

Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance.

"Potential change in tax revenue related to sales of medical marijuana of either an increase or a decrease of tens of millions of dollars annually, depending on how the measure is implemented by the state and federal governments."

Support

Arguments

The petition submitted to the California Attorney General included the following "Findings and Declarations:"[1]

The People of the State of California, through the passage of the Compassionate Use Act, recognize that cannabism all forms, including but not limited to its flowers, leaves, and derivatives and concentrates thereof, is an alternative medicinal treatment.

Since the passage of the Compassionate Use Act, more and more evidence supports the People's conclusion that cannabis is a valuable medicinal herb.

Despite this evidence and the People's desire to make access to cannabis safe and affordable to anyone it may help, many local jurisdictions have sought to pass regulations and restrictions effectively denying such safe and affordable access.

Therefore, We the People propose this Compassionate and Sensible Access Act be added to the Constitution of the State of California:

Cannabis is a legitimate, alternative medicinal treatment. Therefore:

(1) No state or local agency or body shall adopt a law that burdens in any way the ability of doctors to recommend cannabis for medicinal and/or therapeutic purposes, unless said law applies such burden equally to the recommendation of other herbal or therapeutic treatments.

(2) No state or local agency or body shall pass any law which impedes a patient's ability to obtain or cultivate cannabis in any manner that is consistent with the other flora cultivation and business in said jurisdiction.

(3) No state or local agency or body shall enact any legislation that impedes a patient's ability to obtain, transport or cultivate cannabis, so long as the method of obtaining, cultivating or transporting cannabis is consistent with the business practices and/or cultivation practices of other flora in said jurisdiction.

(4) No state or local agency or body shall adopt laws that create non-competitive marketplaces for medical cannabis and its derivatives.[2]

Path to the ballot

See also: California signature requirements
  • Jeffrey Bryne, Lanette Davies, Richard Fenton, Kandice Hawes, Donna Lambert, Ronald Mullins, Eric Salerno, Deborah Tharp, Kathie Thelen and Randall Welty submitted a letter requesting a title and summary on April 15, 2015.
  • A title and summary were issued by California's attorney general's office on June 19, 2015.
  • 585,407 valid signatures were required for qualification purposes.
  • Supporters had until December 16, 2015, to collect the required signatures.
  • According to the secretary of state, the initiative failed on December 30, 2015.[3]

See also

External links

Footnotes