California Laws and Regulations Relevant to Medical Marijuana Usage
California Proposition 215 - The California Compassionate Use Act
Proposition 215, also known as the Compassionate Use Act of 1996, was passed November 5, 1996.
Proposition 215 was designed to protect seriously and terminally ill patients from criminal penalties for using marijuana medically. Only people with their doctor's recommendation to use marijuana in medical treatment can take advantage of Prop. 215 as a legal defense against marijuana charges.
A doctor must judge whether marijuana is appropriate for treatment of a specific illness. Most of the people who use marijuana as a medicine suffer from cancer, AIDS, or glaucoma, while some people report that it helps treat symptoms of epilepsy and other diseases in which muscle spasms or seizures are common. But simply having one of these diseases does not automatically qualify anyone for the marijuana exemption under Prop. 215. Only a doctor's recommendation can do that.
Protections Afforded by Proposition 215 added Section 11362.5 to the California Health and Safety Code:
- Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana.
- Provides physicians who recommend use of marijuana for medical treatment shall not be punished or denied any right or privilege.
- Declares that the measure is not be construed to supersede prohibitions of conduct endangering others or to condone diversion of marijuana for non-medical purposes.
California Senate Bill 420
Medical Marijuana Program Act
The California Senate Bill 420, colloquially known as the Medical Marijuana Program Act clarified the scope and application of California Proposition 215 and established the Medical Marijuana Program.
SB 420, which reflects a compromise between patients' advocates and law enforcement, includes state guidelines regarding how much marijuana patients may grow and possess without being subject to arrest. It also requires counties to implement a voluntary patient identification card system and other provisions to protect patients and their caregivers from arrest. The guidelines allow patients up to 6 mature or 12 immature plants and up to one-half pound of dried, processed marijuana.
Exceptions to the Guidelines
In recognition of the fact that the guidelines are inadequate for many very ill patients, SB 420 allows patients to be exempted from them if they obtain a physician’s statement that they need more. In deference to local autonomy, SB 420 also allows counties and cities to establish higher - but not lower - guidelines if they so choose. As a result, the new law will not overturn liberal guidelines that are now in effect in Sonoma and elsewhere. However, it should force more restrictive counties, such as San Bernardino and Fresno, which have heretofore had "zero tolerance" policies, to honor the new statewide minimum standard. Many counties have increased the limits of possession and cultivation since the passage of the law in 2003.
[full text of CA Senate Bill 420]
Statement issued by The Medical Board of California
A statement was adopted by the full Medical Board on May 7, 2004 since medical marijuana is an emerging treatment modality. The Medical Board wants to assure physicians who choose to recommend medical marijuana to their patients, as part of their regular practice of medicine, that they WILL NOT be subject to investigation or disciplinary action by the MBC if they arrive at the decision to make this recommendation in accordance with accepted standards of medical responsibility. The mere receipt of a complaint that the physician is recommending medical marijuana will not generate an investigation absent additional information indicating that the physician is not adhering to accepted medical standards.
[full text of the Medical Board of CA's statement]
REQUEST APPOINTMENT