* PROP. 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 removes criminal penalties for personal use possession and cultivation of marijuana for medical purposes by patients (and their designated “primary caregivers”) who have a physician’s recommendation or approval.
* SB420, a legislative statute, went into effect on January 1, 2004 as California H&SC 11362.7-.83. This law broadens Prop. 215 to transportation and other offenses in certain circumstances; allows patients to “collectively or cooperatively” cultivate for medical purposes; allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; and sets limits on where marijuana may be smoked.
*SB420, The law also establishes a statewide, voluntary ID card system administered by county health departments. Patients with ID cards are supposed to be protected from arrest provided they adhere to specified quantity limits. However, not all counties offer state ID cards at this point.
*PROP. 215 explicitly covers medical marijuana possession and cultivation (Health and Safety Code Sections 11357 and 11358) for personal medical use. Hashish and concentrated cannabis, including edibles, (HSC 11357a) are also included. Transportation (HSC 11360) has also been allowed by some courts, and will be covered for state cardholders under SB 420. Within the context of a bona fide caregiver relationship and quantity limits, SB 420 provides qualified protection against charges for possession for sale (11359); transportation, sale, giving away, furnishing, etc. (11360); providing or leasing a place for distribution of a controlled substance (11366.5, 11570).
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