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Proposition 215
Compassionate Use Act of 1996
Health and Safety Code Section 11362.5
Sec. (1). a-b The people of the State of California
hereby find and declare that the purposes of the
Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the right
to obtain and use marijuana for medical purposes where the
medical use is deemed appropriate and has been recommended
by a physician who has determined that the person's health
would benefit from the use of marijuana in the treatment of
cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma,
arthritis, migraine, or any other illness for which
marijuana provides relief.
(B) To ensure that patients and their primary caregivers who
obtain and use marijuana for medical purposes upon the
recommendation of a physician are not subject to criminal
prosecution or sanction.
(C) To encourage the federal and state governments to
implement a plan to provide for the safe and affordable
distribution of marijuana to all patients in medical need of
marijuana.
Sec. (2). Nothing in this Act shall be construed to
supersede legislation prohibiting persons from engaging in
conduct that endangers others, nor to condone the diversion
of marijuana for non-medical purposes.
(c) Notwithstanding any other provision of law, no physician
in this state shall be punished, or denied any rights or
privilege, for having recommended marijuana to a patient for
medical purposes.
(d) Section 11357, relating to the possession of marijuana,
and Section 11358, relating to the cultivation of marijuana,
shall not apply to a patient, or to the patient's primary
caregiver, who possesses or cultivates marijuana for the
personal medical purposes of the patient upon the written or
oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary caregiver"
means the individual designated by the person exempted under
this act who has consistently assumed responsibility for the
housing, health, or safety of that person.
If any provision of this measure or the application thereof
to any person or circumstance is held invalid, that
invalidity shall not affect other provisions or applications
of the measure which can be given effect without the invalid
provision or application, and to this end the provisions of
this measure are severable.
According to CA NORML website:
PROPOSITION 215, the
California Compassionate Use Act, was enacted by the voters
and took effect on Nov. 6, 1996 as California Health &
Safety Code 11362.5. The law removes criminal penalties for
personal use possession and cultivation of marijuana for
medical purposes by patients (and their designated “primary
caregivers”) who have a physician’s recommendation or
approval.
SB420, a legislative statute, went into effect on
January 1, 2004 as California H&SC 11362.7-.83. This law
broadens Prop. 215 to transportation and other offenses in
certain circumstances; allows patients to form medical
cultivation “collectives” or “cooperatives”; and sets limits
on how much marijuana patients may have. The law also
establishes a statewide, voluntary ID card system, which is
supposed to be furnished by county health departments.
Patients with state ID cards are supposed to be protected
from arrest if they follow the specified quantity limits.
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