| | California & Medical Marijuana
In 1996, over 55% of the voters in California recognized the medical benefits of cannabis and passed Proposition 215, which affords certain protections to patients
who use marijuana for medical purposes. However, other possession remains illegal as detailed here. In addition,
though not likely, even qualified patients may be charged with Driving Under the Influence as explained here.
Proposition 215 added Section 11362.5 to the California Health and Safety Code, which:
- Exempts patients and defined caregivers who possess or cultivate marijuana for medical treatment recommended by a physician from criminal laws which otherwise prohibit possession or cultivation of marijuana.
- Provides physicians who recommend use of marijuana for medical treatment shall not be punished or denied any right or privilege.
- Declares that the measure is not be construed to supersede prohibitions of conduct endangering others or to condone diversion of marijuana for non-medical purposes.
In 2003, the California Senate passed SB420, intended to provide guidelines for the posession and distribution of medical marijuana to qualified patients. In addition to
addressing posession amounts, it has this to say about distribution:
"Each patient may designate a single caregiver. Caregivers may receive reasonable compensation for their services. However, cultivation or distribution "for profit" are not authorized. In a quirky provision, SB 420 forbids caregivers from having more than one patient unless all of them reside in the same "city or county" as the caregiver. This means that no one may be a caregiver for both a spouse and a parent if they happen to reside in different counties."
Please read the above very carefully. Remember that when you go to a dispensary or order from a delivery service you are signing a legal document assigning them as your caregiver. Your single caregiver.
Did you go to a different county? Guess what? You just violated the law. If you have already assigned someone as your caregiver and have decided to go elsewhere,
did you send notice to the old group telling them you quit? No? You just violated the law.
Finally, appearance is everything. A "caregiver" that is advertising, has specials, gives first time bonuses, doesn't hold meetings or provide any kind of patient
outreach beyond marijuana related product sales would be considered by the average person (and jury) to be a "for profit" business, and in violation of the law.
Medical Marijuana Buyers Club Home Page
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