KNOW THE LAWS, KNOW YOUR RIGHTS!

“The Compassionate Use act” was passed in 1996:

The act allows legal access to marijuana when recommended or approved by a physician. (Also known as Proposition 215)

[ California Health and Safety Code §11362.5]

Furthermore, 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 .

Patients and their “Caregivers” may cultivate [Health and Safety Code §11358] and possess [Health and Safety Code §11357] marijuana for the personal use of the patient.

“Senate Bill 420” expanded the protections of the Compassionate Use Act:

Qualified patients who collectively and cooperatively cultivate marijuana for medical purposes are protected from criminal sanctions for possession for sale, etc. [ California Health and Safety Code §11362.775]

*The Medical Marijuana laws in California remain valid and fully in effect.

“Caregiver” Defined
[ California Health & Safety Code Section 11362.5(e)]

A person can be the “Caregiver” if he or she consistently assumes, on your behalf responsibility for your housing, health or safety.

In accordance with California Health & Safety Code Section 11362.5(e) which reads as follows:

(e) For the purposes of this section, “Primary Caregiver” means “the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health or safety of that person.”

Please refer to the California Health and Safety Code Section 11362.5 for full information on being a Caregiver. Please also note that both the Patient and the designated Caregiver with Valid ID must be present at the initial evaluation.

Possession
[ California Health & Safety Code Section 11357 (b,c,a)]

law : it is illegal to knowingly have marijuana under your dominion and control unless legally authorized for medical purposes.

Possession of LESS THAN AN OUNCE: (under 28.5 grams) is a misdemeanor .

No booking with valid identification such as a doctor's recommendation

A citation similar to a traffic ticket is issued, requiring a court appearance by the defendant or his/her attorney.

No jail sentence or probation can be imposed. Maximum penalty is a fine of up to $100, plus court costs.

Possession of MORE THAN AN OUNCE: (28.5 grams and up) is also a misdemeanor .

Maximum sentence is up to 6 months in county jail and a fine of up to $500.

Juveniles (up to age 18): All marijuana offenses including sales, possession for sale, and cultivation, can be dismissed by participation in a drug program. A 1-year driver's license suspension is mandatory.

Possession For Sale

[ California Health & Safety Code Section 11359]

Possession of marijuana with the intent to sell any amount is a felony .

“ Sale ” – any exchange of marijuana for cash, favors, services, goods or other benefits.

Cultivation
[ California Health & Safety Code Section 11358]

Person who plant, cultivate, harvest, dry or process marijuana – even one plant – are guilty of a felony .

(A Patient and Caregiver are protected under California 's Medical Marijuana Law)

Senate Bill 420 states that a Patient or Caregiver may cultivate 6 mature or 12 immature plants per patient, and possess 8 ounces of dried cannabis per patient. If this quantity does not meet the patient's medical needs, “the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.” Please note that a doctor should approve the additional quantity.