Although the Compassionate Use Act gives physicians some leeway to recommend marijuana use, there are still questions surrounding what is allowed. Even police officers can be confused and make arrests and charges based on inaccurate information.
Prop 64, consistent with the intent of the initiative. Information is posted at the California Cannabis Portal. Existing, non-licensed medical marijuana collectives, which are currently authorized by state law SBwill cease to be lawful starting one year after the Bureau posts a notice that it has begun licensing HSC After that, the only gardens that will be legal without a state license will be individual personal-use gardens or collective gardens for up to five patients, subject to state law and local control.
Prospective commercial applicants are strongly advised to apply to the state Board of Equalization for a Resale Permit, and to prepare for seeking approval from their local governments.
See the state Bureau of Medical Marijuana Regulation website. Under Propmedical patients and caregivers will still be entitled to grow however much is required for their personal medical needs under state law; however the courts have ruled that local ordinances can override state law.
Non-medical growers are limited to six plants per residence by AUMA and locals cannot ban 6-plant gardens; however they can "reasonably regulate" them, including driving them indoors. Do I still need a doctor's note Compassionate use act the use of that Prop.
The law makes it legal for patients and their designated primary caregivers to possess and cultivate marijuana for thier personal medical use given the recommendation or approval of a California-licensed physician. This law broadened Prop. Hashish and concentrated cannabis, including edibles, HSC a are also included.
Transportation HSC has also been allowed by the courts. Within the context of a bona fide collective or caregiver relationship, SB provides protection against charges for possession for sale ; transportation, sale, giving away, furnishing, etc. It does not apply to chiropractors, herbal therapists, etc.
See a list of medical cannabis specialists. Physicians are protected from federal prosecution for recommending marijuana by the Conant U. Collectives may scale the SB limits to the number of members, but large gardens are always suspect to law enforcement.
In particular, grows over plants risk five-year mandatory minimum sentences under federal law.
Many local governments have moved to ban or sharply restrict the right of patients to grow collectively. Policy varies greatly around the state see more on local limits below. Under Propmedical patients and caregivers will still be entitled to grow however much is required for their personal medical needs.
Non-medical growers are limited to six plants per residence by AUMA. In the meantime, prospective commercial applicants are strongly advised to apply to the state Board of Equalization for a Resale Permit, and to prepare for seeking approval from their local governments.
However, patients can be arrested if they exceed reasonable amounts and they can be cited or fined for exceeding local laws. State law does not prevent a local government from further restricting or banning the cultivation of medical cannabis. See more on cultivation. Proposition 64, which was passed by the voters of California in November to legalize adult recreational use of marijuana, requires local jurisdictions to allow 6-plant-per-parcel gardens.
Locals may adopt "reasonable regulations" on those gardens, including requiring them to be grown indoors. Once patients have been charged, it is up to the courts to pass judgment on their medical claim.
A landmark State Supreme Court decision, People vs. Mower, holds that patients have the same right to marijuana as to any legally prescribed drug. Under Mower, patients who have been arrested can request dismissal of charges at a pre-trial hearing.
Those who have had their charges dropped may file to have their property returned and claim damages. In some cases, police raid patients and take their medicine without filing criminal charges.Compassionate Drug Use What is compassionate drug use?
Medical professionals use the term “compassionate use” to refer to the treatment of a seriously ill patient using a new, unapproved drug when no other treatments are available. PURPOSE OF ACTThe purpose of the Lynn and Erin Compassionate Use Act is to allow the beneficial use of medical cannabis in a regulated system for alleviating .
The Compassionate Use Act of The Medical Marijuana Initiative January 1 It is possible that the federal government will seek a stay of the preliminary injunction once it has issued.
However, it is unlikely that any such effort would be successful. Lynn and Erin Compassionate Use Act Section 1 SHORT TITLE. Sections 1 through 7 of this act may be cited as the "Lynn and Erin Compassionate Use Act" in honor of Lynn Pierson and Erin Armstrong.
The Texas Compassionate Use Act (Senate Bill ) was enacted by the Texas Legislature in (84th Legislative Session). The bill required DPS create a secure registry of physicians who treat epilepsy for the purpose of prescribing low-THC cannabis to patients who .
Compassionate Use Act of Health and Safety Code Section Sec. (1) a-b The people of the State of California hereby find and declare that the purposes of .