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Medical Marijuana Doctors * Referrals are made strictly for Medical Use *
Riverside Cannabis Consultants Inland Empire Cannabis Consultants THCF Medical Clinic and Patient Center Serenity Medical Evaluations Legal Information about Medical Marijuana
General Legal Information PROP. 215, the California Compassionate Use Act, and SB420, the Medical Marijuana Program Act (MMP) were enacted by the voters and legislature, respectively, and are codified in Health & Safety Code 11362.5 and 11362.7 et. seq. While these laws do not generally remove criminal penalties for possession, cultivation or distribution of marijuana for the general public or for qualified patients, or members of collectives, cooperatives or associations composed of qualified patients or their designated primary caregivers who have a physician's recommendation or approval, these law do provide a defence to what otherwise would be a crime. As interpreted by recent court decisions, the existence of these laws does not prohibit arrest or prosecution. The laws do, however, create criminal defences to what otherwise would be a crime for possession, cultivation or distribution of marijuana. The defences are available as long as the qualified patients or primary caregivers comply with the applicable statutes. Guidelines suggesting proper roles, procedures and forms of associations employed by qualified patients and primary caregivers have recently been promulgated by the Office of the Attorney General of California. Attorney General Jerry Brown, by establishing guidelines for the operation of collectives or cooperatives, or other entities that comply with state law, signal a turning point in the effort to implement California's medical cannabis laws and are the culmination of years of persistent work by the medical marijuana community. With these guidelines, patients may come together to operate various forms of associations for the purpose of collectively or cooperatively cultivating and distributing among themselves marijuana for medical purposes. The Attorney General’s guidelines also mention that “storefront dispensaries” may be legal if property formed and operated. Presumably, this would also include a delivery service providing medical marijuana to qualified patients who have formed an association for that purpose.
Click here to view California Medical Marijuana Laws Lookup any California Law HOW MUCH CAN PATIENTS POSSESS OR CULTIVATE? SB420 establishes a baseline state-wide limit per patient of 6 mature or 12 immature plants, plus 1/2 pound (8 oz.) processed cannabis( hashish is also allowed). Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. The legality of the limits in SB 420 has been disputed in recent court cases. Prior to SB 420, Prop 215 allowed patients whatever amount of marijuana they need for their medical purposes. In some court cases, patients have been acquitted for personal use gardens of 100 plants or more. Some Prop. 215 advocates maintain that SB 420 cannot constitutionally limit the amount patients may legally have for personal use. This issue remains to be settled in the courts. To be safe, anyone exceeding the limits is advised to get a physician's exemption that states that the quantity recommended is consistent with the needs of the patients as it relates to the patients condition or illness. ATTORNEYS: JAMES TAYLOR 909-578-8438 ANTHONY L CURIALE 714-529-9376 |
| Last Updated ( Wednesday, 28 October 2009 08:10 ) |
