FAQs

 

Legal

Q. What laws allow the use of medicinal marijuana in California?

Proposition 215 Compassionate Use Act of 1996, also known as the Health and Safety Code Section 11362.5 and State Bill 420, passed in 2003.

Q. Can a physician legally recommend marijuana in California?

Yes. Physicians are legally allowed to recommend, but not prescribe, medicinal marijuana to qualified patients, as specified under Prop 215 and SB 420. As stated by Chief Judge Walters in Conant vs. Walters, in Opinion, Section II, Second paragraph:

“…a physician may not aid and abet in ‘. . .the purchase,cultivation, or possession of marijuana . . .’”

Q. Is it legal if I have a physician's recommendation to use/carry/smoke medicinal marijuana?

SB 420 states:

"(e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article."
“However, under federal law possession of medicinal marijuana is a misdemeanor.”

Q. For what medical conditions can medicinal marijuana be legally recommended in California?

According to Prop 215 Compassionate Use Act of 1996 Health and Safety Code Section 11362.5:

“…Physicians may legally recommend to qualifying patients, medicinal ‘. . . marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other serious illness for which marijuana provides relief . . .’”

Q. Can physicians provide medicinal marijuana for patients?

No. Physicians may legally recommend medicinal marijuana for qualifying patients, but they may not prescribe nor provide it.

Q. Can I grow my own marijuana if I have a physician's recommendation?

SB 420, Section 11362.77 states:

“... that qualified patients and primary caregivers may. . . maintain no more than six mature or 12 immature marijuana plants . . . Counties and cities may set guidelines exceeding, but not reducing, the state limits.”

Q. If I have a physician's recommendation, can I sell or distribute marijuana?

No. Patients and caregivers may be legally arrested and prosecuted by state officers for selling and/or distributing marijuana.

Q. Is a physician's recommendation legal throughout California?

Yes. It is legal under Prop. 215 and SB420. However different cities and counties have their own guidelines regarding dispensaries and the maximum amount of medicinal marijuana patients may possess and cultivate. Medicinal marijuana is not legal under federal law.

Q. Is a California physician's recommendation legal in other states?

MediCann’s recommendations are only valid in California. However, Montana is the only state that will accept an out of state recommendation.

Q. Where can I legally ingest medicinal marijuana?

SB 420, section 11362.79 states that patients may not ingest medicinal marijuana:

(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
(c) On a school bus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.