California Medical Marijuana

So how exactly is medical marijuana legal in California?

Well the answer is pretty simple, the citizens wanted it to be. In the 1996 elections California voted on and approved prop 215 otherwise known as the Compationate Use Act of 1996.

Proposition 215 has a few different parts so I’ll break the important ones down as much as I can although some parts leave the lines of legal/illegal very hazy.

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 that 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.

The bad, or good ;), part of this is that the way it is worded leaves most of it to the discresion of the physicians. Basically if a physician believes that you are seriously ill and marijuana will provide you with some kind of relief they can provide you a recomindation which allows you to obtain and use marijuana for relief. Although it does list some specific illnesses that marijuana can be used for it again leaves it up to the doctors discretion at the end or the last sentence. Extra tidbit:A doctor that I spoke with told me his favorite illnesses to perscribe medical marijuana for a anorexia and insomnia.

(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.

This part although pretty self explanitory but introduces the term primary caregiver, which is later described as:

(e) For the purposes of this section, ”primary caregiver” means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.

So a primary caregiver is someone who is designated by the patient to be take responsibliity of thier health care. Keep this in mind because I’ll explain in a minute how this is what drive the cannabis clubs, or “dispenseraries”, here in California.

(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 a 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.

This part is the good stuff. It explains the patient or the primary caregiver that has gotten approval from the patient to grow thier medical marijuana are exempt from the laws in California which make those two things illegal. So how does this drive cannabis clubs? Well when signing up for a cannabis club they have you sign documents making them you primary caregiver which gives them the right to grow and hold marijuana for you.

To check out proposition 215 in its whole check it out here.

Ah how sweet it is. But keep in mind that all of this means nothing in the eyes of Federal law so possession and cultavation of marijuana for any purpose is a federal offense :(.