Medical marijuana laws:
Proposition 215, the California Compassionate Use Act, was enacted by the voters and took effect on Nov. 6, 1996 as California Health & Safety Code 11362.5. The law makes it legal for patients and their designated primary caregivers to possess and grow marijuana for thier personal medical use with the recommendation of a California licensed physician.
Prop. 215 explicitly covers marijuana possession and cultivation (H&SC 11357 and 11358) for personal medical use. Hashish and concentrated cannabis, including edibles, (HSC 11357a) are also included. Transportation (HSC 11360) for has also been allowed by the courts.
Under prop 215, a valid recommendation from a doctor allows patients to grow 6 mature OR 12 immature plants. At any given time patients may have in their possession up to a 1/2 pound (8 oz.) of processed cannabis per patient. Individual cities and counties are allowed to enact higher, but not lower, limits than the state standard.
Marijuana is illegal under federal law and treated like other controlled substances. Federal law does not say that California laws, or any other state laws, are unconstitutional or should be eliminated. Typically federal charges are brought only in cases where commercial distribution is suspected such as cultivation of several hundred plants.
The use of marijuana is not allowed in no smoking zones, within 1000 feet of a school or youth center except in private residences; on school buses, in a motor vehicle that is being operated, or while operating a boat.
The California Supreme Court has ruled that employers have a right to drug test and fire patients who test positive for marijuana, regardless of having a valid recommendation. (Ross v RagingWire, 2008). Some, but not all, employers will excuse patients if they present a valid recommendation.
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