CALIFORNIA LAWS, PART 1

Proposition 215, the California Compassionate Use Act, was enacted
by the voters and took effect on November 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.

Senate Bill 420, a legislative statute, went into effect on January
1, 2004, as California Health and Safety Code 11362.7-.83. This law
broadens Prop. 215 to transportation and other offenses in certain
circumstances; allows patients to "collectively or cooperatively"
cultivate for medical purposes; allows probationers, parolees, and
prisoners to apply for permission to use medical marijuana; and sets
limits on where marijuana may be smoked. The law also establishes a
statewide, voluntary ID card system, which when fully operational,
patients with ID cards will be protected from arrest provided they
adhere to specified quantity limits.

How much can patients posses or cultivate? SB420 establishes a
baseline statewide limit per patient of 6 mature or 12 immature
plants, plus 8 ounces processed cannabis. Patients can be exempted
from these limits if their physician specifically states that they
need more. In addition, individual cities and counties are allowed
to enact higher, but not lower, limits than the state standard. For
instance, Mendocino County allows 25 plants and 2 lbs. of processed
marijuana per patient. Patients may obtain zip-ties for medical
marijuana plants from the Mendocino County Sheriff's Department.
Call 463-4411.

The legality of the limits in SB420 has been disputed. Prior to
SB420, Prop 215 allowed patients whatever amount of marijuana they
need for their medical purposes. Patients were not infrequently
acquitted for personal use gardens of 100 plants or more.Some Prop.
215 advocates maintain that SB 420 cannot constitutionally limit the
amount patients may legally have for personal use. This issue
remains to be settled in the courts.

What offenses have medical exception? Prop. 215 explicitly covers
marijuana possession and cultivation (Health and Safety Code
Sections 11357 and 11358) for personal medical use. Hashish and
concentrated cannabis, including edibles, (HSC 11357a) are
also included. Transportation (HSC 11360) has also been allowed by
some courts, and will be covered for state cardholders under SB420.
Within the context of a bona fide caregiver relationship and
quantity limits, SB420 provides qualified protection against charges
for possession for sale (11359); transportation, sale, giving away,
furnishing, etc. (11360); providing or leasing a place for
distribution of a controlled substance (11366.5, 11570).

Who is protected by Prop. 215? Patients with a physician's
recommendation and their primary caregivers, defined as, "the
individual designated by the person exempted under this act who has
consistently assumed responsibility for the housing, health,
or safety of that person." Examples: spouse or
partner, professional caregiver or nurse. Prop. 215 does
not recognize multiple caregivers. Caregivers may have more than
one patient. However, SB420 restricts individual caregivers to no
more than one patient outside their own "city or county" (it's not
clear whether this allows multiple patients from different cities
within the same county).

The next column will cover who can be arrested, and what illnesses
are covered under Prop. 215.

ABOUT THE AUTHOR: Marc Komer is a legal document assistant