California Medical Marijuana

The Compassionate Use Act brought about the legalization of California Medical Marijuana. The act initiated the cannabis movement with California becoming the first state to contradict the federal government by allowing its qualified residents to escape state prosecution for possession and consumption of the plant. Since its inception in 1996, the law was amended eight years later making it the most comprehensive law of its kind in the nation.

Part of its comprehensive nature, California Medical Marijuana law has many specified provisions not found so explicitly in other state’s medical marijuana laws. Medical Marijuana California law specifically protects dispensaries, caregivers, and physicians who recommend the medical use of marijuana—as well as contains literature affirming caregivers’ right to receive compensation for their services. In contrast to the majority of other states, registration with the state board is completely voluntary, and qualified individuals are still entitled to protection even if they do not possess a registry card. Most uniquely, California Medical Marijuana laws allow for individuals facing prosecution or on probation to still access cannabis for their medical needs. In addition, cities and counties have the authority to allow for increased personal use amounts for qualified patients.

Again illustrating the comprehensive nature of the law, Medical Marijuana in California has the most inclusive medical conditions. Acceptable conditions include: Chronic Pain, Severe Nausea, Persistent Muscle Spasms, Seizures, Migraines, Cancer, Glaucoma, Arthritis, Anorexia, AIDS, Cachexia, and most broadly--any chronic or continuous medical condition which inhibits one of the major life activities. As long as a patient has a written statement from a certified physician, stating one of the above conditions, the patient is protected under California’s Medical Marijuana law.

As stated above, possession limitations can be adjusted for certain patients in cities or counties which allow it. However, Medical Marijuana California law states that each patient is limited to eight ounces of usable cannabis, and no more than six mature or a dozen immature plants. While California Medical Marijuana law suggests that cultivation and distribution should be handled by either state or federal governments, such a plan is not currently in existence. In the absence of such governmental implementation, California Medical Marijuana law allows for growing and dispensing collective and cooperatives to operate.

As with all states that allow medical marijuana for their qualified residents, there is no specified language in the California Medical Marijuana law which requires any insurance company to reimburse a patient for any costs or expenses associated with the procurement of their medication. In addition, there are no provisions on how housing or employment agencies are required to handle residents or employees who are medical marijuana patients.