In 1996, California voters passed Proposition 215, the Compassionate Use Act (CUA – Health and Safety Code 11362.5), which is the Nation’s first law decriminalizing the use, possession and cultivation of Medical Marijuana. Proposition 215 provides both a limited and affirmative defense for qualified patients and primary caregivers to charges of possession and cultivation.
In 2003, the State of California enacted the Medical Marijuana Program Act (MMPA). One of the most significant components of the MMPA is Health and Safety Code 11362.765, which provides additional immunity from prosecution for possession for sale, sales and transportation, as well as other associated statutes such as criminal nuisance. Additionally, the MMPA bestows all of the rights and protections associated with patients who operate collectively or cooperatively (Health and Safety Code 11362.775). This section of the MMPA is widely interpreted to give authorization for storefront dispensaries and medical cannabis delivery services.
The MMPA also created safe harbor guidelines for amounts of cannabis that a patient or caregiver can possess and cultivate. Health and Safety Code 11362.77 gives qualified patients and primary caregivers who participate in the voluntary I.D. card system immunity from arrest for possessing eight ounces of dried, processed bud marijuana, six mature plants and 12 immature plants. This code allows local governments to increase the safe harbor amounts for possession and cultivation of medical marijuana. For example, Sonoma County adopted its own regulations permitting possession of 3 pounds of processed bud or plant conversion and cultivation of up to 30 plants within 100 square feet.
Regardless of medical marijuana patient’s rights, law enforcement agents frequently arrest persons following their specific guidelines, destroy their medical cannabis and advance the case for prosecution. Therefore it’s extremely urgent you contact us to help you fight for your rights immediately!