The
most common California
State laws regarding
marijuana are listed
below. It is not a complete
guide to all the California
Marijuana laws, the
statutes can be found
at http://www.leginfo.ca.gov/calaw.html
MEDICAL
MARIJUANA
California
Compassionate Use Act
of 1996, Proposition
215,
Health & Safety
Code Section 11362.5
Amended
state law to allow the
use and legal access
to marijuana when recommended
by a physician. A patient
can possess, transport
and grow marijuana for
their personal use.
11362.5(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.
California
Senate Bill 420 ( Medical
Marijuana Implementation)
codified Health &
Safety Code Sections
11362.7
This section
Clarified the scope
of The compassionate
Use Act, 11362.5 : A
qualified patient or
caregiver may possess
no more than eight ounces
of dried marijuana per
qualified patient. In
addition, a qualified
patient or primary caregiver
may also maintain no
more than six mature
or twelve immature plants
per qualified patient.
Although California
State Law allows the
personal use and possession
of marijuana for medical
purpose, the 2005 decision
of Gonzales v. Raich,
the U.S. Supreme Court
ruled that the federal
government can continue
arresting patients who
are using medical marijuana
legally under state
law. However, the decision
did not overturn the
medical marijuana laws
in 10 states, including
California which still
protects patients from
arrest by state and
local police.
Anyone
who plants, cultivates,
harvests, dries or processes
marijuana, unless legally
authorized for medicinal
purposes, is guilty
of a felony, regardless
of the amount. Penalty:
The maximum sentence
up to three years in
state prison.
It illegal
to sell, furnish, give
away; or attempt to
give away any marijuana
unless legally authorized
for medicinal purposes.
Possession with the
intent to sell is a
non reducible felony.
"Sale” is
the exchange of marijuana
for cash, services,
favors or other benefits.
Penalty:
The maximum sentence
is up to three years
in state prison.
TRANSPORTATION
OF MARIJUANA
California
Health & Safety
Code Section 11360
It is
illegal to transport
into the state, sell,
furnish, give away;
or attempt to give away
any marijuana..
11360(a) Transportation
of over one ounce is
a felony.
Penalty: The maximum
sentence is up to four
years in state prison.
11360(b) Transportation
of less than one ounce
is a misdemeanor. Penalty:
fine up to $100.00.
