Legal Marijuana in California: Medical Marijuana Part 1
This is a 2 part blog series on medical marijuana. Part 1 discusses the California and federal laws related to medical marijuana. Part 2 discusses marijuana dispensary issues and the current ballot initiative to legalize marijuana for recreational use.
Compassionate Use Act
In 1996, the California voters passed Proposition 215 – the Compassionate Use Act (“CUA”). This law allows seriously ill people the right to legally use marijuana for medical purposes when a physician has determined that the person’s health will benefit from marijuana use. The CUA specifically provides that crimes for the use and cultivation of marijuana shall not apply to patients or their primary caregivers who are acting upon the recommendation of a physician. Courts have also found that the transportation of medical marijuana is protected under the CUA so long as the quantity transported and the method, timing and distance of the transpiration are reasonably related to the patient’s current medical needs. (People v. Trippet (1997) 56 Cal. App.4th 1532.)
SB 420 – The Medical Marijuana Program Act
In 2004, the Medical Marijuana Program Act (“MMPA”) was passed. The main purposes of MMPA were to establish a statewide medical marijuana identification card system, define certain terms, set marijuana possession guidelines for cardholders and recognize the right to medical marijuana collectives and cooperatives. (H&S Section 11362.71(e), 11362.78.)
Qualified Patient
Under MMPA, a qualified patient is a person whose physician has recommended marijuana to treat a serious illness including: cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. (H&S Section 11362.5(b)(1)(A).)
Primary Caregiver
A primary caregiver is a person designated by a qualified patient who has consistently assumed responsibility for the patient’s housing, health or safety. (H&S Section 11362.5(e).) The California Supreme Court recently held that a primary caregiver must show that he or she: (1) consistently provides caregiving, (2) independent of any assistance in taking medical marijuana; (3) at or before the time he or she assumes responsibility for assisting with marijuana. (See People v. Mentch (2008) 45 Cal.4th 274, 283.)
Possession Amounts Allowed in Placer County
A qualified patient or primary caregiver may possess 8 ounces of dried marijuana, and in addition, 6 mature or 12 immature plants per patient under MMPA. However, a qualified patient or primary caregiver may possess larger amounts with a statement from a physician indicating that these amounts do not meet the patient’s medical needs. (H&S Section 11362.77.)
Medical Marijuana Cards
Under MMPA, every county in California is required to issue medical marijuana cards to help law enforcement identify and verify people who have a legal right to cultivate, possess and transport marijuana. (H&S 11362.71(b).) The card program is voluntary which means you are not required to have a card to possess, transport or cultivate marijuana (so long as you have a physician’s recommendation in writing). In Placer County, you can obtain a card at the following location:
Placer County Community Health 11484 B Avenue Auburn, California 95603 Phone: (503) 889-7158Federal Law
Federal law still classifies Marijuana as a Schedule I drug. This means that to the Feds, Marijuana has no generally recognized medical use. Thus, you are still prohibited from possessing, cultivating, distributing, or obtaining marijuana for any purpose, including medical usage, under the federal law. However, the U.S. Department of Justice publically stated in March, 2009 that that the current administration would not prosecute qualified patients or providers rightfully operating under the California law.
~Dan Koukol, Placer County Criminal Defense Attorney
Tags: collectives, criminal, marijuana, marijuana medical 420 placer, prop 19, proposition 19