California Marijuana Laws

Decriminalization of marijuana in the state of California began in 1976, when the state passed the Moscone Act.http://norml.org/index.cfm?Group_ID=3381 The bill introduced the change of possession charges of less than one ounce to a misdemeanor with no jail time and a $100 fine. According to a state justice department study, California saved an approximate $1 billion dollars from 1976 to 1985 due to this legislation.http://www.canorml.org/background/arrests2001.html This savings was due to the decrease in arrest and court costs. In 1996, the Compassionate Use Act was passed to allow for medical marijuana use and regulatory ID cards to verify a patient's qualifications. This legislation paved the way for collectives, non-profit dispensaries that sell and cultivate marijuana for medicinal purposes.http://www.cnn.com/2009/US/07/24/california.marijuana/index.html

On January 12, 2010, the California Assembly for Public Safety Committee passed "Assembly Bill 390." This bill proposed the legalization and regulation of marijuana, similar to the government regulation in regards to alcohol.http://www.nbcbayarea.com/news/politics/Planting-the-Seed-for-Legal-Pot-81222877.html

The issue, known as Proposition 19 in the November 2, 2010, elections, went to the voters. In a Gallup poll taken just days before the election, 46% of voters approved of legalizing marijuana in the state. According to The New York Times, even a defeat of the bill by a close margin would lead to the issue gaining national attention, which could lead to other states adding the measure to their ballots in coming years.http://www.nytimes.com/2010/10/31/us/politics/31pot.html

Currently, persons who violate California marijuana laws could be subject to penalties of jail or prison time, or fines. Possession of more than 28.5 grams marijuana could result in up to six months jail time and up to $500 fines, and is classified as a misdemeanor. Cultivation or sale of marijuana is a felony charge with a possible prison sentence of 2-7 years.http://norml.org/index.cfm?Group_ID=4525

California Votes 2010 for Legalization of Marijuana

Voters in California were able to vote as to whether or not they want to have marijuana legal statewide. This ballot measure successfully secured its place in the November 2010 election with almost half a million signatures. According to the proposed legislation, marijuana would become legal, and would also be taxed, possibly adding over a billion dollars in state revenue. Under the proposal, California residents would be able to carry and transport up to one ounce of marijuana and would also be alloted a square foot area of approximately five feet in which to grow their own cannabis plants. The state would then enforce a $50 levy on retail marijuana sales. http://www.sacbee.com/2010/03/25/2631903/california-will-vote-on-legalization.html

California Medical Marijuana Laws

California is one of 14 states that have successfully passed legislation that allows for the use of marijuana to aid in the treatment of symptoms due to illness, such as pain and nausea. Passed in 1996, California's medical marijuana law or Compassionate Use Act, provides legal protection for the use, possession and cultivation of marijuana by patients or suffering from illnesses such as AIDS, cancer, multiple sclerosis and other debilitating diseases. This law also protects primary caretakers of these patients. http://medicalmarijuana.procon.org/viewresource.asp?resourceID=000881#California

According to these laws, patients may apply for a medical marijuana ID card that would identify them as protected under state law. To become eligible, they must first have a written recommendation from a physician. Marijuana is considered a Schedule I drug according to federal law, and cannot be prescribed or filled as a prescription in a pharmacy. Upon receiving a doctor's recommendation, patients must then contact the MMP (Medical Marijuana Program) in their county to file for an ID card. Caregivers for patients also need to obtain certified training to be registered as Primary caregiver according to the MMP.http://www.cdph.ca.gov//services/Pages/MMPCounties.aspx

Unique to California, there are local dispensaries or collectives that provide a safe and legalized method for obtaining medical cannabis, exclusively for registered patients and their primary caregivers. MCCdirectory.org offers listings of dispensaries in California.http://mccdirectory.org/

Persons interested in becoming a part of the medical marijuana industry can attend the Cannabis Career Institute. Instruction surrounds the business of selling under the California medical marijuana laws, cultivating marijuana, and marketing such as how to make edible marijuana items. http://www.cannabiscareerinstitute.com/curriculum.html

Disclaimer

Marijuana is still illegal under federal law, although it is legalized for medical use in fourteen states. The content in this page is for informational purposes only and not a substitute for professional medical or legal advice.

References

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