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CANN |
Phone: 310 319 6116 |
| Fax: 310 319 1335 |
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CANN |
Phone: 310 319 6116 |
| Fax: 310 319 1335 |
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The Law
The Law ( California laws, prop 215, sb420) California Laws The following are the two laws which are responsible for the change in cannabis law that we see in California. They are extremely important to understand for all those who wish to become familiar with medical marijuana. We recommend that you read them carefully and ask questions about these laws at your visit in order to be fully aware of your rights and limitations under the law. Many of the problems can arise when individuals are not familiar with these restrictions. There are many misconceptions about the law that are held by the lay public but as well as by professional in the justice system. Reading the following laws/propositions will help you become proactive with your own care. THE COMPASSIONATE USE ACT OF 1996 (this LAW IS WHAT STARTED THE CHANGE IN THE WAY CANNABIS WAS USED IN THIS STATE.) Section 1. Section 11362.5 is added to the California Health and Safety Code, to read: (a-b) This section shall be known and may be cited as the Compassionate Use Act of 1996. (1) the people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows: (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the persons health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine or any other illness for which marijuana provides relief. (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction. (C) To encourage the federal and state governments to implement a plan for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. (2) Nothing in this act shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for non-medical purposes. (c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. (d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician. (e) For the purposes of this section, Primary caregiver means the individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health or safety of that person.
Sec. 2. If any provision of this measure or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of the measure which can be given effect without the invalid provision or application, and to this end the provisions of this measure are severable.
Background California voter passed proposition 215 in 1996, which declared that qualified patients should be exempt from the state laws determining that marijuana use and possession is against the law, and that patients should not be punished for possession or cultivation. These guidelines were lacking in specifics, so the proponents wrote SB420, which was signed into law by Governor Davis and took effect Jan 1 2004.
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ADVISE