The Compassionate Use Act of 1996(also known as Proposition 215), approved by state voters, launched a new California’s medical marijuana program. Actually, the proposition 215 is included in California Health and Safety Code under Section 11326.5. It allows people with certain illnesses, such as AIDS, migraine, cancer, anorexia and other chronic maladies, to legally obtain or grow, and use marijuana for medical purposes by doctor’s recommendation. However, Proposition 215 does not influence on federal law, which still forbids the marijuana cultivation and possession.
Thus, in California, if a person has a valid doctor recommendation, it is allowed to grow and possess as much marijuana as it is required for treatment, that is to say only for personal use. The Compassionate Use Act of 1996 allows to possess and cultivate marijuana for personal use as well as it protects a growing system of collective and cooperative distribution. The subjects of the Proposition 215 are:
– patients with a valid doctor’s recommendation;
– Primary Caregivers of designated patients who is not subjected to criminal prosecution or sanction.
Patient or a caregiver who abuses the right upon the written or oral recommendation or approval of a physician would be subjected to prosecution according to general provisions of the California Health and Surety Code Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana.
Furthermore, in 2003, California Governor Gray Davis signed California Senate Bill 420 (also known as the Medical Marijuana Protection Act). It introduced an identification card for medical marijuana users. California Department of Public Health issues ID cards for marijuana patients as well as for patient collectives and non-profit organizations through Medical Marijuana Program.
Medical Identification Card gives an opportunity to qualified patients and caregivers
1) To possess 8 ounces of dried marijuana,
2) To maintain 6 mature or 12 immature marijuana plants.
However, there are certain restrictions referring location of marijuana smoking. It is forbidden to smoke marijuana in the following places:
– within 1000 feet of a school, recreation center, or youth center;
– on a school bus;
– in a moving vehicle or boat.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. You can have different problems with state law enforcement agencies related to the violation of the law provisions on the conditions of the use of medical marijuana. We will help you to understand the various aspects of your case. We are ready to provide answers to your initial questions concerning marijuana charges in California for free. Do not hesitate to contact us!
You may file your request online, by telephone or by mail. 818-553-1000