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A California medical marijuana patients license used to be tough to get. But laws such as the Compassionate Use Act of 1996 makes getting a California medical marijuana patients license very simple.
Passed in 1996, the Compassionate Use Act removed the state’s criminal penalties for the possession, use and growing of marijuana by patients who have a written authorization from their doctor documenting the necessity of medical marijuana treatment.
On November 6, 1996, the people of the State of California enacted the Compassionate Use Act of 1996, placed within Section 11362.5 of the Health and Safety Code. This was in order to allow seriously ill residents of California, who have the oral or written approval or
recommendation of a physician, to use marijuana for medical purposes without fear of criminal liability.
You must keep in mind, just because you may have an California medical marijuana patients license, it does not allow you to possess more than 8 ounces of dried (or raw) marijuana or smoke weed in view of the public. You also can’t (and shouldn’t) operate heavy machinery, drive a car or boat.
You must also keep in mind that most identification cards are only good for one (1) year and that you will have to get it renewed or face the consequences of being lazy… namely jail if you’re caught.
What Do Need from Your California Physician?
Firstly, your doctor must have conducted a medical examination of you and deemed you to have a serious medical condition (see below) and that medical marijuana is appropriate for your treatment and care.
Your doctor must also be in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California.
To get your California medical marijuana ID card (license to smoke) you will need a written or oral recommendation from a licensed physician that you will benefit from the use of medical marijuana.
Your doctor will need to give you a sworn application on a form provided by the Department containing the following information:
- Your name, address, date of birth, and Alaska driver’s license, passport or identification card number
- The doctor’s name, address, telephone number and California medical license number.
- The name, address, date of birth, and California identification card of your primary or alternate caregiver.
The primary or alternate caregiver must be:
- At least 18 years of age
- Has never been convicted of a felony offense or a law or ordinance of another jurisdiction.
- Is not currently on probation or parole.
- Has never been refused a license
- Has never had their license revoked.
California Medical Marijuana Laws
SB420 and the Compassionate Use Act of 1996 limits the restrictions on the use of medical marijuana. Excerpts have been included below but if you want more information about these enacted laws you may download the California state statutes freely by simply clicking this link: [button color=”green” size=”small” link=”http://www.weepad.com/statutes/California-Medical-Marijuana-Law-SB420.pdf” title=”California Medical Marijuana Law”]California Medical Marijuana Law SB420[/button] (Adobe PDF reader will be needed)
California Compassionate Use Act 1996
You may also read about these rules on the following page: California Compassionate Use Act
As a patient (or a primary/alternate caregiver) you may legally possess no more than eight dried ounces of usable medical marijuana, grow no more than 6 mature marijuana plants and 6 immature plants at any time. Although you may grow 12 total immature marijuana plants at one time. More rules followed below.
You may not do the following with your California medical marijuana license or product:
- You may not possess more than one (8) ounce of dried medical marijuana at any given time
- You may only be allowed to grow (cultivate) 6 mature plants and 6 immature plants (or 12 immature plants total) at any given time
- You may not openly display your medical marijuana outside the place where you can lawfully possess or use it
- You may not smoke in any place where smoking is prohibited by law
- You may not use medical marijuana in plain view of the general public
- You may not use in or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence.
- You may not use on a school bus
- You may not use while operating a motor vehicle or boat
Approved Conditions for a California Medical Marijuana Patients License
- Chronic Pain
- Chronic Pain
- Acquired immune deficiency syndrome (AIDS)
- Multiple Sclerosis
- Severe Nausea
Compassionate Use Act
Disclaimer: We are not attorneys or legal professionals. The information above is gathered from public sources and is our best interpretation. For this and any other legal matters please consult a qualified, reputable attorney.