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Your Rights as a Medical Marijuana Patient

by Salvatore P. Ciulla on July 18, 2014 · 0 comments

in California Law, Medical Marijuana, Uncategorized

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Your Rights as a Medical Marijuana Patient The right of a patient in California to purchase and use marijuana for medical purposes began in 1996 with the California Compassionate Use Act, which made it legal for the first time for patients and their primary caregivers to possess and grow marijuana for personal use. This law was followed up with Senate Bill 420 in 2004, which provided legal ground for medical marijuana dispensaries, allowing them to grow and distribute marijuana to a regular group of patients.

What is Covered?

Under the law, marijuana cultivation, transportation and possession for personal medical use is legal in California. Medical marijuana can be used in the treatment of cancer, AIDS, chronic pain, migraine, arthritis, PTSD or any of hundreds of other conditions. Marijuana must be prescribed by your physician, osteopath, or surgeon.

Under Prop 215 there is no limit to what a patient can possess as long as it’s for medical use, but each patient is limited to 8 ounces of medical marijuana, six adult plants, or 12 immature plants under SB 420. However, a patient cannot be prosecuted simply for having an amount over the limit. Instead, they must defend the reason for having the additional amount. Your physician can provide you with documentation if they believe you need more than the limit, however, they do not have the power to defend you from prosecution.

Can I Still be Arrested even if I Follow the Law?

These laws are only valid in the state of California—not on federally protected lands, national parks, airports, or  in other states. You may also lose access to food stamps or federal housing assistance if you are using medical marijuana in HUD housing.

The Law Office of Salvatore Ciulla located in Orange County, California, represents individuals accused of murder and manslaughter, aggravated assault, burglary, theft and embezzlement, child abuse and domestic violence, narcotics possession and sales, drunk driving (DUI) and vehicular homicide, sexual assault and three strikes cases. We also take Juvenile Court cases and all misdemeanor offenses.

Our mission is to provide the best legal representation and counsel to all clients. Every client and every case is important. Call us at 714-542-0500 for a free analysis of your case and/or charges, or contact us at SalCiullaLaw.com.

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