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California Medical Marijuana Law
The first state to legalize marijuana for medical purposes was California, which has pioneered such cannabis legislation in the United States. Doctors, researchers, and lawmakers were able to learn about the beneficial effects of cannabis for medical use thanks to the state’s trailblazing initiatives. But marijuana is still a strictly controlled substance even though it’s been legalized and gained widespread acceptance.
You may be able to mitigate the crippling symptoms of medical conditions like glaucoma and chronic pain by becoming a medical marijuana patient and using medicinal cannabis. You can maximize the advantages of the drug by being aware of pertinent laws. The Medical Marijuana Identification Card Program (MMICP) is supervised by the California Department of Public Health (CDPH). The health department of each county, whether in Los Angeles, San Francisco, or elsewhere, issues cards to its citizens.
The history of California’s medical marijuana laws, possession restrictions, state regulations on marijuana use in public, and DUI laws are all covered in this article. You can obtain medical cannabis products and follow California’s cannabis laws by becoming familiar with your rights and responsibilities as a patient.
California Medical Marijuana Law History
When the California Senate approved Proposition 215 in 1996, the Compassionate Use Act became the state’s first medical marijuana law. The Medical Marijuana Program Act was subsequently approved by the legislature in 2003, creating the system that would issue medical cannabis cards and enabling patients and their primary caregivers to cultivate marijuana.
Throughout the 1990s and 2000s, patients openly discussed how cannabis had a positive impact on their lives. Relevant journalistic pieces have changed how the general public views medical marijuana. As other state legislatures established medical cannabis programs in response to the program’s success, it sparked change on a national scale.
The goal of California’s medical marijuana law has always been to safeguard patients’ access and safety. In 2015, the state improved and strengthened its system for monitoring and regulating dispensaries. Up to eight ounces of cannabis and six mature plants may be in the possession of registered patients.
Proposition 64, passed in 2016, made marijuana for adult use legal in the state. The ensuing legislation also saw the government’s medical program being expanded.
This new law strengthened patient privacy protections, established parental rights protections, and forbade local governments from restricting at-home cultivation. Additionally, the law eliminated California’s retail sales tax on purchases of medical marijuana. Last but not least, Proposition 64 set a $100 cap on the cost of medical marijuana cards, or $50 for Medi-Cal subscribers.
Marijuana Possession Laws in California
Anyone over 21 may possess up to one ounce of marijuana according to California cannabis laws. Up to eight ounces of dried cannabis or concentrates, as well as six mature or 12 immature plants, are allowed in the possession of registered patients. Even if you’re a registered medical cannabis patient, exceeding these possession limits can result in misdemeanor fines or jail time.
Even if they are qualified patients using marijuana for medical reasons, Californians who use marijuana are not allowed to transport open containers of the drug in their vehicles. While your car is moving, marijuana must be sealed or put in the trunk.
California Public Consumption Laws
According to California’s marijuana laws, you can only smoke marijuana on private property with the owner’s consent. However, if there are children present, patients are not permitted to smoke within 1,000 feet of a school, daycare facility, or youth center, or anywhere else that it is prohibited to do so. Additionally, whether it’s for medical or personal use, landlords and other property owners have the right to prohibit the use of cannabis products on their property.
Cannabis use is forbidden on federal property, such as national parks and courthouses, in accordance with federal law (the Controlled Substances Act).
California Cannabis DUI Laws
Officers of the law in California have the right to pull over people they believe to be driving while intoxicated. There is no legal threshold for cannabis consumption that constitutes a DUI. Law enforcement only needs to demonstrate that the driver was under the influence of marijuana when they were operating the car. Drug testing is permitted by the state’s implied consent.
For first-time offenses, the penalty ranges from $390 to $1,000 in fines, jail time, and a six-month license suspension. With subsequent offenses, minimum penalties rise. The California DUI laws do not exempt cardholders from them.
Applying for a California Medical Marijuana Card?
The Sanctuary Wellness Institute can put you in touch with a medical professional who can write a prescription for an MMJ card. Within 35 days of receiving your application, the county health department where you reside is in charge of approving and issuing your card.
A visit to a licensed medical marijuana physician and the receipt of a cannabis recommendation are prerequisites for submitting an application for a medical cannabis card in the state of California. During this quick consultation, the advantages and drawbacks of medical marijuana will be discussed, and any potential contraindications will be ruled out.
Next, you can download and fill out the application for the CA Medical Marijuana Program. In order to do so, you’ll need to gather copies of your supporting documentation. California applications call for:
- Your physician’s recommendation
- Proof of identity, such as a valid California driver’s license, non-driver ID card, or other valid government-issued photo ID, like a passport
- Proof of residency, such as a rental agreement, mortgage document, current utility bill, or California motor vehicle registration
You can make an appointment with your county health department once your application package is finished. Your application will be reviewed, your registration fee collected, and a picture taken for your medical marijuana card by a state representative.
Frequently Asked Questions
Is recreational marijuana legal in California?
Yes, cannabis for recreational use can be purchased and owned by adults over the age of 21. The THC content of cannabis for adult use is lower than that of medical marijuana, though. Only one ounce of marijuana is allowed in the possession of recreational users. Registered patients can possess up to eight ounces of cannabis and are exempt from retail taxes. They also have access to products with more THC.
Although it is legal to buy medical marijuana for adult use, it is dangerous to try to treat your symptoms without first talking to a doctor. The use of medical marijuana is not recommended in certain conditions, and knowledgeable practitioners can explain any possible side effects to you. Employees at medical dispensaries can give you advice regarding strains or consumption techniques that might provide the best advantages.
What products can registered patients and caregivers legally possess?
Both marijuana grown at home and products purchased from dispensaries are legal to possess. Flowers, vape cartridges, concentrates, pre-rolls, edibles, topical treatments, and tinctures are all available for purchase by patients and their caregivers. Medical marijuana is not always sold in every dispensary. You can save time by calling the dispensary in advance to confirm their policies and inventory.
What products are illegal for registered patients and caregivers to possess?
More than eight ounces of marijuana, items bought from private citizens, or medical marijuana used by another patient are all prohibited.
Is there a limit on the amount of product a patient can possess?
As a cardholder, you are allowed to have up to eight ounces of dried flower or concentrate. Additionally, patients are allowed to raise up to six mature or twelve young plants indoors. You could risk your patient status if you go over these possession restrictions.
Does California offer out-of-state reciprocity?
No, patients from other states are not permitted to use their cards at California dispensaries. It is imperative to keep in mind that due to the continuing federal prohibition on marijuana, transporting cannabis across state lines is prohibited.
Can you get a medical marijuana card with a felony in California?
Yes. Background checks are not a part of the medical marijuana card application process.