January 14, 2012
/24-7PressRelease/ -- In 1996 California voters passed Proposition 215, officially titled the Compassionate Use Act of 1996, the first state-wide medical marijuana voter initiative passed in the nation. In 2003, the state legislature further clarified the law governing medical marijuana by establishing the Medical Marijuana Program, under which qualifying patients who get a recommendation from their doctors for medical marijuana use can get an identification card which allows them and their qualified caregivers to grow, possess, transport and use marijuana. Despite the efforts at clarifying the law, many still have questions about what California law allows with respect to marijuana.
Do You Need a Prescription for Medical Marijuana?
Marijuana is a Schedule I drug under federal law. That means federal law does not recognize that marijuana has any medical uses and physicians may not prescribe marijuana. However, a physician in good standing may recommend the use of marijuana for patients suffering from a variety of conditions such as cancer, anorexia, AIDS, migraine, arthritis, chronic pain and glaucoma.
Patients must have a verbal or written recommendation from a physician to use marijuana medically in California. In short, medical marijuana is well recognized in California. Marijuana use for medical reasons should therefore not give rise to
drug charges.
For How Long Does a Recommendation Last?
There is no standard length of time that a medical marijuana recommendation lasts. The
Medical Board of California recommends physicians in the state limit the duration of the recommendation only to "the time necessary" and conduct periodic reviews of the patient's needs and use.
Who Qualifies as a Primary Caregiver for Medical Marijuana Purposes?
The law defines a primary caregiver as one whom the patient has designated and "has consistently assumed responsibility for the housing, health, or safety" of the patient.
How Much Marijuana Can You Grow With a Recommendation?
According to the wording of the Compassionate Use Act, patients are allowed to cultivate an amount of marijuana "reasonably related to meet his or her current medical needs." The California Supreme Court struck down the MMP limits of six mature or 12 immature plants in a 2010 decision as unconstitutional amendments to the 1996 law. As long as a patient can show that he or she is growing as much as he or she needed, there is no specific numerical limit on how many marijuana plants a person with a recommendation for medical marijuana can grow.
Can You Give Away What You Grow?
A patient with a medical marijuana recommendation may not give away his or her marijuana to someone without a recommendation.
Can You Sell Marijuana You Grow in Your Home to a Dispensary?
California law allows patients and primary caregivers to form collectives and cooperatives to grow and distribute medical marijuana. Neither collectives nor cooperatives should purchase from or sell to non-members.
What Are the Penalties for Marijuana Possession If You Don't Have a Recommendation?
Possession of one ounce or less of marijuana is a misdemeanor under California law, punishable by a fine of up to $100. If you are convicted of possession of more than one ounce, you face potential jail time.
Additionally, if you are 21 and you are convicted of any drug offense, including possession of marijuana, you face an automatic one year suspension of your driver's license.
If you have questions about California medical marijuana laws, or are facing marijuana charges, contact a criminal defense attorney in your area.
Article provided by The Law Offices of Charles B. Smith
Visit us at
www.charlessmithcriminallaw.com---
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