Putting the CARE in caregiving | Medical Marijuana Cooperative
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  • Laws

    Proposition 215

    The Initiative:

    • 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 measure not be construed to supersede prohibitions of conduct endangering others or to condone diversion of marijuana for non-medical purposes.

    State Law Compliance Guidelines

    • Physician Recommendation: Patients must have a written or verbal recommendation for medical marijuana from a licensed physician. (§ 11362.5(d).)
    • Proof of Qualified Patient Status: Although verbal recommendations are technically permitted under Proposition 215, patients should obtain and carry written proof of their physician recommendations to help them avoid arrest. A state identification card is the best form of proof, because it is easily verifiable and provides immunity from arrest if certain conditions are met. The next best forms of proof are a city- or county-issued patient identification card, or a written recommendation from a physician.

    Possession Guidelines:

    • Local Possession Guidelines: Counties and cities may adopt regulations that allow qualified patients or primary caregivers to possess medical marijuana in amounts that exceed the Medical Marijuana Patients’ possession guidelines as set forth in California Assembly Bill 420. (§ 11362.77(c).)
    • Proposition 215: Qualified patients claiming protection under Proposition 215 may possess an amount of marijuana that is “reasonably related to [their] current medical needs.”

    Further Reading

    Medical Breakdown of Cannabis

    Prop 215 Initiative Statute

    School of Biology at Complutense University of Madrid 2009 chemotherapy study

    American’s for Safe Access
    American’s for Safe Access

    Are you a MM patient with legal issues?
    ASA’s Legal Tips