The state of California is changing the way marijuana offenses are treated in courts, and their stance on medical marijuana coverage. The California Compassionate Use Act, or Proposition 215, makes it legal for medical marijuana patients and their primary caregivers to possess and grow marijuana for their personal use at the advice of a California physician.
However, there are limitations and qualifications that one must meet to be protected under this law.
Illnesses covered by Prop. 215 include cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief (such as insomnia, PMS, post-traumatic stress, depression, and substance abuse). A physician must prescribe the use of marijuana as a cure for one of these illnesses. Under this law, physicians include osteopaths and surgeons licensed to practice in California. Chiropractors and herbal therapists are only allowed to recommend marijuana.
Under Prop. 215, patients and their primary caregivers are the only ones allowed to cultivate marijuana. Patients can grow together in non-profit collectives with fewer than 100 plants. However, policies vary greatly so check out your local laws before you begin growing your own marijuana. You are entitled to whatever amount of marijuana is necessary for your personal medical use, but if you exceed the SB420 guidelines you are subject to arrest. This is approximately six mature or 12 immature plants and a half-pound of processed cannabis per patient.
Medical marijuana can be grown only in certain zones (see local policies) and landlords are not legally obliged to allow it. Sales of excess medical marijuana are not permitted under this act, but collectives are allowed to charge for their expenses in growing the product on a non-profit basis.
When it comes to consuming marijuana, it cannot be smoked in no-smoking zones, within 1000 feet of a school, on school buses, in a moving vehicle, or while operating a boat. It is also usually not allowed on airplanes, but it is up to the discretion of the TSA officers if it is found in your luggage.
Even though you may be licensed in the sate of California to grow or possess marijuana, you can still unfortunately be arrested or raided on the pretense of having dubious recommendations or excessive amounts. However, once you have been charged it is in the hands of the courts as to whether or not criminal charges will be filed. In order to further protect yourself against this, consider getting a state ID card as an extra measure against arrest.
If you or someone you know has been arrested for marijuana possession or cultivation, or any other drug-related charges, please call us at Glew & Kim Law immediately: 866-416-2161