Cannabis remains illegal
at a federal level in the United States. Each state has different
rules on how medical marijuana is administered. California has
approved marijuana for medical use and the laws are different from
other states with the same approval.
Possession of marijuana in
California was a felony prior to to prop 215 passing.(California
Safety Code Section 11357) Proposition 215 allowed use of marijuana
for medical reasons in 1996. Possession remained a felony without
doctor recommendation. On November 17
th, 2014 the passage
of Proposition 47 made possession not a felony.(
Source)
Prop 47 made possession of marijuana without a medical ID card a
misdemeanor.(
Source)
On November 5th,
1996 California passed ballot Proposition 215 with a 56% voter
approval. The law was also known as the Compassionate Use Act of
1996. Medical marijuana can be recommended by a physician for:
“cancer, anorexia, AIDS,
chronic pain, spasticity, glaucoma, arthritis, migraine, or any other
illness for which marijuana provides relief.”
The law also deems it
illegal to punish physicians for recommending marijuana for medical
use. Medical marijuana ID holders are allowed to cultivate cannabis.
Caregivers were also included to cultivate and access medical
marijuana.(
Source)
Six years later guidelines
were made for possession with Senate Bill 420. Qualifying patients
and caregivers were allowed to possess up to 8 ounces of dried
marijuana and\or six mature or 12 immature cannabis plants.
Provisions were also made with the bill to possess a larger amount
with recommendation by a physician. Further allowances were given
for local municipalities to make ordinances to permit larger
quantities of medicinal marijuana.
Senate Bill 420 also gave
provisions for collectives and dispensaries stating:
“Qualified patients,
persons with valid identification cards, and the designated primary
caregivers of qualified patients ... who associate within the state
of California in order collectively or cooperatively to cultivate
marijuana for medical purposes, shall not solely on the basis of that
fact be subject to state criminal sanctions.”(
Source)
On January 21, 2010 the
California Supreme Court declared the possession limits in Senate
Bill 420 unconstitutional. The reasoning was that proposition 215
could only be amended by the voters. In May 22, 2008 the Kelly Case
in the Second District Court of appeals made this ruling. Personal
possession limit went back to “the amount needed for patient's
personal use” stated in Prop 215.(
Source)
On August 25, 2008
California Attorney General Jerry Brown issued non-binding guidelines
for enforcement with medical marijuana. The guidelines put forth in
this document states:
Cooperatives and
collectives should operate as non-profit organizations, verify and
maintain qualified patients records, collect sales tax and not sell
outside the state.
Not
be used 1000 feet of a school, recreation center, or youth center
Marijuana
does not need to be accommodated at the workplace and employers can
terminate an employee who tests positive for marijuana use.(
Source)
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