How California Drove Changes in the Medical Cannabis Laws Across the US

For the longest time, the medical use of marijuana has been debated globally, with
researchers and experts in the medical realm lobbying governments to legalize its use to relieve
depression, stress, and other psychological symptoms among chronically ill or mentally
disturbed individuals. In the US, California was the first state to enact laws that would allow
medical practitioners to prescribe cannabis to patients for medical use only. Lobbyists and
experts would later use California as the springboard to facilitate and call for countrywide
changes. This position paper examines the processes Californians used to pass the medical
cannabis laws in 1996 and how the passage of these laws acted as a catalyst for similar policy
changes across the country over time, including in states like Colorado and Washington.
The Processes the California Citizens Used to Pass the Laws
Medical use of cannabis/marijuana has been legal in California since the state enacted
Proposition 215 or the Compassionate Use Act (Proposition 215) in 1996. The Proposition was
passed and labeled the “California Health and Safety Code.” Section 11362.5 gives Californians
the right to use marijuana for clinical reasons but under the prescription of a physician, who must
determine that the individual’s health can benefit from its use in treating migraine, arthritis,
glaucoma, spasticity, chronic pain, AIDS, anorexia, cancer, or any other disease for which
cannabis can provide relief (California Legislative Information, n.d.). Over the years,
Californians have passed multiple other cannabis-related legislation. The most notable ones are
Proposition 64, which legitimized the use of cannabis for recreational purposes, and MAUCRSA
(Medical and Adult-Use Cannabis Regulation and Safety Act), which provides a framework for
oversight, licensing, and enforcement associated with marijuana businesses.

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Californians had to dig deep to convince the legislature to pass these laws, especially
when cannabis was outlawed even by the federal government. One such way Californians
managed to persuade lawmakers to initiate the amendment process was through relentless
grassroots activism and lobbying. According to the Los Angeles Times reporters Evan Halper,
Carolyn Cole, and Jackeline Luna, the 1996 win was a joint effort by all Californians, including
activists, business people, and healthcare providers. California was in a state of health disarray
with chronic diseases like HIV claiming many lives. Therefore, everyone was looking for a way
to provide relief and hope to patients suffering from endless pain caused by these terminal
illnesses. Legalizing marijuana was the most practical way of doing it (Halper, Cole, &Luna,
2021).
After months of lobbying and debate, the Californian Legislature initiated a state statute
(Proposition 25 of the Compassionate Use Act), which Californians, through a vote, approved on
4 November 1996. Since then, Californians have often used the ballot to approve all laws related
to cannabis. For example, the California electorate voted again in November 2016 to approve
Proposition 64 (Adult Use of Marijuana Act).
How the Passage of the Cannabis Laws in California Influenced Policy Changes

Throughout the US Over Time

Admittedly, the passage of the Compassionate Use Act in California in 1996 triggered a
“domino effect” across the country. Lobbyists and citizens in multiple other states demanded the
enactment of similar laws that would allow medical and recreational use of cannabis. For
example, in 2000, Colorado voters approved “Initiative 20” or the Colorado Medical Use of
Marijuana Initiative, and this initiative legitimized the intake of cannabis for medical reasons.
The other states that have approved either medical and recreational use of marijuana include

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Alabama, Arizona, Alaska, Arkansas, Connecticut, District of Columbia, Delaware, Louisiana,
Illinois, Hawaii, Florida, Missouri, Mississippi, Minnesota, Michigan, Massachusetts, Maryland,
Maine, New York, New Mexico, New Jersey, New Hampshire, Nevada, Montana, South Dakota,
Rhode Island, Pennsylvania, Oregon, Oklahoma, Ohio, North Dakota, West Virginia,
Washington, Virginia, Vermont, and Utah (Britannica ProCon.org, n.d.).

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References

Britannica ProCon.org. (n.d.). State-by-state medical marijuana laws.
https://medicalmarijuana.procon.org/legal-medical-marijuana-states-and-dc/
California Legislative Information. (n.d.). Health and Safety Code – HSC.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=11362.5.&law
Code=HSC
Halper, E., Cole, C., & Luna, J. (2021, Nov. 3). California changed the country with marijuana
legalization. Is it high time for the feds to catch up? Los Angeles Times.
https://www.latimes.com/politics/story/2021-11-03/california-changed-the-country-with-
weed-legalization-is-it-high-time-for-the-feds-to-catch-up