Compassionate Use Act of 1996
Proposition 215 added §11362.5 to the Health & Safety Code and is printed below in its entirety:
Health & Safety Code §11362.5
(a) This section shall be known and may be cited as the Compassionate Use Act of 1996.
(b) (1) 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 that 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 section 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 right 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 a 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 section who has consistently assumed responsibility for the housing, health, or safety of that person.
(Added November 5, 1996, by initiative Proposition 215, Sec. 1.)
The CUA/Prop.215 protects three groups of people: physicians, patients and caregivers.
Physicians cannot be punished for recommend or approving the medical use of cannabis to patients.
Caregivers and patients are specifically exempted from two Health & Safety Code Sections, §11357, which covers possession, and §11358, which covers cultivation and processing. In addition, courts have found that the CUA infers a limited defense to §11360, (transportation and distribution) in that a patient or caregiver may transport an amount reasonably related to the patient’s current medical needs.
Those are the only protections afforded by Prop. 215. The CUA does not allow for collectives, co-operatives, sales or commercial cultivation. All of those activities are governed by SB420, the MMPA, and will soon be governed by MCRSA, the Medical Cannabis Regulation and Safety Act, once it is fully implemented (anticipated by January, 2018), which requires state and local licenses for all state collectives.
Essentially, the CUA allows a patients and their primary caregiver to possess, cultivate and transport an amount that is reasonably related to the patient’s current medical need.
With this understanding, we now look at the areas where Prop. 64 might potentially impact on the provisions of Prop. 215.
In compliance with Proposition 64 and Senate Bill 420
All Patients must have a Current Doctor Recommendaton