Kelly helps define laws governing the initiative process in California especially as it relates to legislative alteration. In May , the U. Supreme Court declined to hear an appeal of a California state appellate ruling from that upheld Proposition and concluded that California can decide whether to eliminate its own criminal penalties for medical marijuana regardless of federal law. The appellate ruling came about because of lawsuit against Proposition filed by San Diego and San Bernardino counties.
These counties objected to Proposition on the grounds that it requires them, in their view, to condone drug use that is illegal under federal law. They also challenged a law that requires counties to issue identification cards to medical marijuana patients so these patients can identify themselves to law enforcement officials as legally entitled to possess small amounts of marijuana.
MMPA was intended to clarify which specific practices with regard to medical marijuana were to be considered lawful in the state. The MMPA:. Some cities in California adopted ordinances that provided that businesses operating within city limits must comply with federal law as well as state and local laws as a way to keep marijuana-growing businesses out of their cities.
For example, the city of Lindsay passed a medical marijuana ordinance in January that says, "Legal Use of Land: No use of land, under this title, shall be permitted within the City Limits if such use shall be in violation of any local, state or federal law. Sutter County was the 57th of California's 58 counties to authorize the issuance of medical marijuana identification cards under Proposition The county board of supervisors planned in April to take this step, which is required to bring the county into compliance with state law.
Colusa County, as of June , was the one remaining California county that had not adopted a medical marijuana ID program. Proposition exempted patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana.
Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana. Provides physicians who recommend use of marijuana for medical treatment shall not be punished any right or privilege. Declares that measure not be construed to supersede prohibitions of conduct endangering others or to condone diversion of marijuana for non-medical purposes.
The full text of this measure is available here. In , , valid signatures were required to qualify an initiated state statute for the ballot. What's on my ballot? Elections in How to vote How to run for office Ballot measures.
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News and analysis Ballot measure lawsuits Ballot measure readability Ballot measure polls. Concluding that the initiative process as it now stands fosters poor legislation, Professor Vitiello assesses several reform measures proposed by the nonpartisan Citizens' Commission on Ballot Initiatives and adds his own proposed reforms to address the problems of misleading advertisements and misleading ballot pamphlets.
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