2008 Michigan Proposal 1

Last updated
Proposal 1
A legislative initiative to permit the use and cultivation of marijuana for specified medical conditions.
Results
Choice
Votes %
Check-71-128-204-brightblue.svgYes3,006,82062.67%
Light brown x.svgNo1,790,88937.33%
Valid votes4,797,709100.00%
Invalid or blank votes00.00%
Total votes4,797,709100.00%

MI Proposal 1 2008.svg
County Results
Yes
  70–80%
  60–70%
  50–60%

The Michigan Compassionate Care Initiative was an indirect initiated state statute that allowed the medical use of marijuana for seriously ill patients. It was approved by voters as Proposal 1 on November 6, 2008, 63 percent in favor to 37 percent opposed. [1]

Contents

Specifically, the measure:

  • Allows terminally and seriously ill patients to use marijuana with their doctors' approval.
  • Permits qualifying patients or their caregivers to cultivate their own marijuana for their medical use, with limits on the amount they could possess.
  • Creates identification cards for registered patients and establish penalties for false statements and fraudulent ID cards.
  • Allows patients and their caregivers who are arrested to discuss their medical use in court.
  • Maintains prohibitions on public use of marijuana and driving under the influence of marijuana.

Supporters

The primary proponents of the initiative are the Michigan Coalition for Compassionate Care (MCCC). [2] Former state representative Dianne Byrum (D) is chairwoman of the coalition.

Organizations

  • Marijuana Policy Project, [3]
  • National Organization for the Reform of Marijuana Laws (NORML)
  • National Organization for the Reform of Marijuana Laws (NORML) - Michigan Chapter [4]
  • StoptheDrugWar.com [5]

Arguments in favor

  • Prevents people from being threatened with prison for trying to relieve pain from a serious illness
  • Some people are unable to take other drugs and marijuana is the only drug that alleviates a debilitating condition such as nausea or inability to eat. [6]
  • The law is narrow in scope as it deals only with medical marijuana
  • Requires a doctor's certification of need to be covered under law
  • There is a mandatory state registration system in place to assure the law is not abused.

Medical Access to Marijuana is supported by: [7]

  • American Academy of HIV Medicine
  • American Bar Association
  • American College of Physicians
  • American Nurses Association
  • American Public Health Association
  • Aids Action Council
  • Leukemia and Lymphoma Society
  • Lymphoma Foundation of America
  • National Association of People With Aids
  • National Association of Attorneys General

In February 2008, delegates at the Michigan Democratic Party Convention unanimously passed a resolution in favor of protecting patients from arrest. [3]

Michigan has already passed local medical marijuana initiatives in five citiesAnn Arbor, Detroit, Ferndale, Flint, and Traverse Cityand by large margins.

A poll by Marketing Resource Group in March 2008 showed 67% of voters saying they supported medical marijuana and 62% voicing approval for this particular initiative. Voters between 34 and 54 showed 75% support for medical marijuana, with 63% of retirees voicing support. Younger voters (18 to 34) were the least supportive, with 61% backing the measure.

Arguments against

  • None!

State medical society takes neutral position

The Michigan State Medical Society took a neutral position on this ballot measure, as well as on two other initiatives related to health care at its annual delegates meeting in early May 2008. [8]

Status

The measure was presented to the Michigan State Legislature for passage on March 3, 2008, after supporters submitted sufficient signatures on petitions, but the legislature failed to act on the measure within the 40 days set by law, earning it a place on the November 2008 ballot as Question 1, where it was approved by voters. [1]

Results

Michigan Coalition for Compassionate Care Initiative:
VotesPercentage
Yes check.svg Yes3,008,98063%
No1,792,87037%
Total votes4,801,850100%

Related Research Articles

<span class="mw-page-title-main">1996 California Proposition 215</span> California law permitting medical marijuana

Proposition 215, or the Compassionate Use Act of 1996, is a California law permitting the use of medical cannabis despite marijuana's lack of the normal Food and Drug Administration testing for safety and efficacy. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.

<span class="mw-page-title-main">Marijuana Policy Project</span> American organization

The Marijuana Policy Project (MPP) is the largest organization working solely on marijuana policy reform in the United States in terms of its budget, number of members, and staff.

<span class="mw-page-title-main">Cannabis laws in Ann Arbor, Michigan</span>

Since the 1970s, the college town of Ann Arbor, Michigan, has enacted some of the most lenient laws on marijuana possession in the United States. These include measures approved in a 1971 city-council ordinance, a 1974 voter referendum making possession of small amounts of the substance merely a civil infraction subject to a small fine, and a 2004 referendum on the use of medical marijuana. The passage of the Michigan Regulation and Taxation of Marihuana Act in November 2018 has made recreational marijuana legal not only in Ann Arbor but throughout the entire state.

<span class="mw-page-title-main">1998 Oregon Ballot Measure 67</span> Referendum legalizing medical marijuana

The Oregon Medical Marijuana Act, a law in the U.S. state of Oregon, was established by Oregon Ballot Measure 67 in 1998, passing with 54.6% support. It modified state law to allow the cultivation, possession, and use of marijuana by doctor recommendation for patients with certain medical conditions. The Act does not affect federal law, which still prohibits the cultivation and possession of marijuana.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span>

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

Valerie Leveroni Corral is an American medical cannabis activist and writer. As a young adult she experienced a traumatic head injury that left her with a seizure disorder that antiepileptic medication could not ameliorate. Her experimental use of cannabis to treat her seizures led her to grow it on her property in Santa Cruz, California. In 1992, she was arrested for cannabis cultivation, becoming the first person in that state to argue the medical necessity defense. Following her success, she founded the Wo/Men's Alliance for Medical Marijuana (WAMM) and was a coauthor of Proposition 215, the first medical cannabis state ballot initiative to pass in the United States.

<span class="mw-page-title-main">Cannabis in Oregon</span>

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Medical cannabis in the United States</span>

In the United States, the use of cannabis for medical purposes is legal in 38 states, four out of five permanently inhabited U.S. territories, and the District of Columbia, as of March 2023. Ten other states have more restrictive laws limiting THC content, for the purpose of allowing access to products that are rich in cannabidiol (CBD), a non-psychoactive component of cannabis. There is significant variation in medical cannabis laws from state to state, including how it is produced and distributed, how it can be consumed, and what medical conditions it can be used for.

Initiative 1068 was a proposed initiative for the November 2010 Washington state general election that would have removed criminal penalties from the adult use, possession, and cultivation of marijuana in Washington. Sponsored by Vivian McPeak, Douglass Hiatt, Jeffrey Steinborn, Philip Dawdy, initiative I-1068 sought to legalize marijuana by removing marijuana offenses from the state's controlled substances act, but failed to gather enough signatures to qualify for the ballot.

<span class="mw-page-title-main">2010 Arizona Proposition 203</span> Ballot measure legalizing medical marijuana

Proposition 203, or the Arizona Medical Marijuana Act, was an Arizona ballot measure to legalize the use of medical marijuana without the normal Food and Drug Administration testing for safety and efficacy. Proposition 203 passed by a narrow margin, with 50.13% of the vote.

<span class="mw-page-title-main">2012 Massachusetts Question 3</span> Referendum legalizing medical marijuana

The Massachusetts Medical Marijuana Initiative, appeared as the third question on the state's 2012 ballot as an indirect initiated state statute. The measure allows cannabis to be used for medical purposes in the state. The initiative—backed by the American Civil Liberties Union, the Massachusetts Patient Advocacy Alliance, and the Committee for Compassionate Medicine—was filed with proponents turning in the required signatures to the Massachusetts Attorney General's office by the August 3, 2011 deadline. Those signatures were needed for the required ten qualified voters who submitted the original petition to put forward the full text of the law they want enacted. The initiative passed with support from 63% of state voters.

<span class="mw-page-title-main">Timeline of cannabis laws in the United States</span>

The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.

<span class="mw-page-title-main">Cannabis in Wyoming</span>

Cannabis is strictly illegal in Wyoming. The state has some of the strictest cannabis laws in the United States. Cannabis itself is not allowed for medical purposes, but a 2015 law allows limited use of non-psychoactive Cannabidiol. An effort was made to place two initiatives on the 2022 ballot, one to legalize medical cannabis, and the other to decriminalize personal use.

<span class="mw-page-title-main">Cannabis in North Dakota</span>

Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.

<span class="mw-page-title-main">2016 Florida Amendment 2</span> Ballot measure legalizing medical marijuana

The Florida Medical Marijuana Legalization Initiative, also known as Amendment 2, was approved by voters in the Tuesday, November 8, 2016, general election in the State of Florida. The bill required a super-majority vote to pass, with at least 60% of voters voting for support of a state constitutional amendment. Florida already had a medical marijuana law in place, but only for those who are terminally ill and with less than a year left to live. The goal of Amendment 2 is to alleviate those suffering from these medical conditions: cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, chronic nonmalignant pain caused by a qualifying medical condition or that originates from a qualified medical condition or other debilitating medical conditions comparable to those listed. Under Amendment 2, the medical marijuana will be given to the patient if the physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient. Smoking the medication was not allowed under a statute passed by the Florida State Legislature, however this ban was struck down by Leon County Circuit Court Judge Karen Gievers on May 25, 2018.

<span class="mw-page-title-main">Cannabis in Arizona</span>

Cannabis in Arizona is legal for recreational use. A 2020 initiative to legalize recreational use passed with 60% of the vote. Possession and cultivation of recreational cannabis became legal on November 30, 2020, with the first state-licensed sales occurring on January 22, 2021.

<span class="mw-page-title-main">Cannabis in Florida</span>

Cannabis in Florida is illegal for recreational use. Possession of up to 20 grams is a misdemeanor offense, punishable by up to a year in jail, a fine of up to $1000, and the suspension of one's driver's license. Several cities and counties have enacted reforms to apply lesser penalties, however.

<span class="mw-page-title-main">Cannabis in Ohio</span>

Cannabis in Ohio is legal for recreational use. Issue 2, a ballot measure to legalize recreational use, passed by a 57–43 margin on November 7, 2023. Possession and personal cultivation of cannabis became legal on December 7, 2023, with the first licensed sales yet to occur under the law. Prior to legalization, Ohio decriminalized possession of up 100 grams in 1975, with several of the state's major cities later enacting further reforms.

<span class="mw-page-title-main">Cannabis in Michigan</span>

Cannabis in Michigan is legal for recreational use. A 2018 initiative to legalize recreational use passed with 56% of the vote. State-licensed sales of recreational cannabis began in December 2019.

References

  1. 1 2 Michigan Medical Marijuana Initiative, Proposal 1 (2008), Ballotpedia , retrieved 2018-04-27
  2. Michigan Coalition for Compassionate Care
  3. 1 2 Michigan medical marijuana initiative campaign underway, Marijuana Policy Project, August 22, 2007
  4. "Michigan chapter of the National Organization for the Reform of Marijuana Laws". Archived from the original on 2005-04-03. Retrieved 2008-09-24.
  5. Michigan medical marijuana campaign needs your urgent help, Stop the Drug War, 9/26/07
  6. Detroit News: "Michigan to vote on legalizing marijuana for medical use," April 29, 2008
  7. MCCC Brochure: "Vote YES on Medical Marijuana," September 24, 2008 Archived September 28, 2008, at the Wayback Machine
  8. Detroit News: "Medical Society takes 'neutral' position on stem cell ballot initiative," May 4, 2008