Medical Marijuana Laws The Compassionate Use Act (Prop. 216)
In 1996, California voters put into law The Compassionate Use Act, Proposition 215 [California H&S Code 11362.51, which amended state law to allow legal access to marijuana when recommended or approved by a physician.
PATIENTS AND THEIR CAREGIVERS MAY CULTIVATE [H&S 11358] AND POSSESS [H&S 11357] MARIJUANA FOR THE PERSONAL USE OF THE PATIENT.
CA criminal jury instructions (12.2.41) provide that the medical needs are the governing principle for the amount of cannabis a patient may possess and/or cultivate. The California Medical Marijuana laws remain valid and fully in effect. No court, either State or Federal, has invalidated the laws. The 2005 U.S. Supreme Court decision (Gonzales v. Raich) did not affect the validity of California’s medical marijuana laws, but simply reaffirmed the ability of the federal government to prosecute patients if they so choose. See the Federal Marijuana laws on page 15.
ANY LICENSED PHYSICIAN MAY APPROVE OR RECOMMEND THE USE OF MARIJUANA TO PROVIDE RELIEF IN THE TREATMENT OF CANCER, ANOREXIA, AIDS, CHRONIC PAIN, SPASTICITY, GLAUCOMA, ARTHRITIS, MIGRAINE, AND ANY OTHER CONDITION OR ILLNESS.
Prop. 215 provides for the protection of patients and their primary caregivers from criminal conviction (See page 22).And no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to patients for medical purposes. It does not condone persons engaging in conduct that endangers others, nor does it condone the use of marijuana for non-medical purposes. Concentrated cannabis, hashish (11357aH&S) is included in the medical marijuana laws per the published opinion of the California Attorney General’s office. SB 420 includes all the sections of 11357 H&S.
The Law Offices of Bruce M. Margolin, Esq.