|
The Compassionate Use Act, aka Prop 215,
aka Health and Safety Code Section 11362.5,
was passed by an initiative of the People of the State of
California. As such, it cannot be fundamentally changed by the
legislature. The State Legislature has passed a law, SB 420,
that it hopes to help administer the law.
SB 420 is here. The
Compassionate Use Act is below.
To understand the laws, it is
helpful to read them!
Compassionate Use Act of 1996
Health and Safety Code Section 11362.5
Sec. (1) a-b The people of the
State of California hereby find and declare that the purposes of
the Compassionate Use Act of 1996 are as follows:
(A) To ensure that seriously ill Californians have the
right to obtain and use marijuana for medical purposes where the
medical use is deemed appropriate and has been recommended by a
physician who has determined that the person's health would
benefit from the use of marijuana in the treatment of cancer,
anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis,
migraine, or any other illness for which marijuana provides
relief.
(B) To ensure that patients and their primary caregivers
who obtain and use marijuana for medical purposes upon the
recommendation of a physician are not subject to criminal
prosecution or sanction.
(C) To encourage the federal and state governments to
implement a plan to provide for the safe and affordable
distribution of marijuana to all patients in medical need of
marijuana.
(2) Nothing in this Act shall be construed to supersede
legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for
nonmedical purposes.
(c) Notwithstanding any other provision of law, no
physician in this state shall be punished, or denied any rights
or privilege, for having recommended marijuana to a patient for
medical purposes.
(d) Section 11357, relating to the possession of
marijuana, and Section 11358, relating to the cultivation of
marijuana, shall not apply to a patient, or to the patient's
primary caregiver, who possesses or cultivates marijuana for the
personal medical purposes of the patient upon the written or
oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary caregiver"
means the individual designated by the person exempted under
this act who has consistently assumed responsibility for the
housing, health, or safety of that person.
Sec. 2. If any provision of this measure or the
application thereof to any person or circumstance is held
invalid, that invalidity shall not affect other provisions or
applications of the measure which can be given effect without
the invalid provision or application, and to this end the
provisions of this measure are severable. |
