California Proposition 215 (1996) - Implementation and Effect

Implementation and Effect

The initiative was partially implemented through the California Medical Marijuana Program created by Senate Bill 420. Both San Diego County and San Bernardino County initially refused to implement the program, but were rebuffed by the California Supreme Court. Implementation across the State varied widely; urban areas in Northern California were the center of California's fledgling marijuana market, while rural areas like Mendocino County, Santa Cruz, and Humboldt saw county-sanctioned gardens and patient registration programs.

Though medical marijuana was legalized and accepted by the majority of California voters, Proposition 215 does not supersede federal law. Marijuana is still illegal under federal law which causes a conflict between the state and the U.S. Government. City of Garden Grove v. Superior Court, a published California Court of Appeal decision (which in California is binding on all courts), upheld a decision of a trial court to " the Garden Grove Police Department to give back his marijuana" stating "ecause the act is strictly a federal offense, the state has 'no power to punish ... ... as such.'"

Concerning limits on possession created by Senate Bill 420, the California Supreme Court decision People v. Kelly decided multiple issues. First, it reiterated that "unlike, which did not immunize medical marijuana users from arrest but instead provided a limited 'immunity' defense to prosecution under state law for cultivation or possession of marijuana, the MMP's identification card system is designed to protect against unnecessary arrest." Secondly, it agreed with both Kelly and the California Attorney General that the limits were an "unconstitutionally amendatory insofar as it limits an in-court CUA defense" but by providing more rights, not less, the section concerning limits on possession "should remain an enforceable part of the MMP, applicable to the extent possible — including to those persons who voluntarily participate in the program by registering and obtaining identification cards that provide protection against arrest."

In 2009, Oakland became the first U.S city to put a tax on marijuana. Approved by voters by a margin of 80%, the measure puts an $18 tax on every $1,000 in gross marijuana sales. The tax is estimated to bring in $300,000 to $1,000,000 dollars annually.