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In accordance with the Compassionate Use Act (CUA), which was passed in 1996, it is legal to use marijuana for medical purposes in the state of California. Since marijuana is classified as a Schedule I drug by the federal government, it cannot legally prescribed by a physician nor dispensed by a pharmacy. However, physicians can recommend the use of medical marijuana for their patients and those that have received such a recommendation can legally use marijuana in accordance with certain laws. This guide on how to get a medical marijuana prescription in California will introduce you to the steps you will need to take to legally use marijuana in California.
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Medical Marijuana Prescription Tips
- It is legal for some California residents to use marijuana for medical purposes
- To legally use marijuana, Californians must obtain a doctor's recommendation to do so
- Contact California NORML for a list of doctors who may provide you with a medical marijuana recommendation
- Get your doctor to provide you with a written recommendation for your medical marijuana use
- Marijuana's classification as a Schedule I drug means that a doctor cannot provide a prescription for marijuana
- Medical marijuana cannot be dispensed at a pharmacy
- As of Spring 2009, California was the only state in which eligible patients could legally obtain marijuana through growing and dispensing collectives and cooperatives
- Always observe all laws when obtaining, transporting and using marijuana
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Introduction
- Since marijuana is still classified by the federal government as a Schedule I drug, it is against federal law for a physician to prescribe it to his or her patients. Doctors can, however, provide their patients with a written document that recommends marijuana use for their medical conditions, with which said patients can legally obtain and use marijuana in accordance with local and state laws.
- NOTE: This page is provided for informational purposes only, and should not be construed as recommendation by Mahalo for any sort of illegal or unauthorized drug use. Always ensure that you are aware of all laws and risks regarding the use of marijuana before doing so. The information provided on this page was current as of May of 2009 and the laws and processes described below are subject to change.
The Laws Behind Medical Marijuana Use
- The Compassionate Use Act (CUA) made California, in 1996, the first state to allow the use of marijuana for medical purposes. SB 420, which was passed in 2004, expanded upon the CUA and provided, among other things, additional protection to collectives and cooperatives that dispense medical marijuana. Together, the CUA and SB 420 make up California Health and Safety Codes 11362.5 - 11362.83 to create the most comprehensive and compassionate legislation for medical marijuana users in the U.S.Americans for Safe Access: Becoming a Patient in California: Introduction
Step 1: Determine Whether You're Eligible
- To be deemed eligible to use medical marijuana, you must be diagnosed by a physician as having a "serious medical condition" which may be improved or alleviated by marijuana use. According to California NORML, doctors have recommended medical marijuana use for over 250 conditions.California NORML: Medical Marijuana, Prop 215 and SB 420 Medical conditions for which doctors recommend marijuana use are usually chronic and:
- Limit the afflicted person's ability to perform "major life activities" as defined in the Americans With Disabilities act of 1990, or
- Could potentially cause harm to the afflicted person's mental or physical health or personal safety if not treated
- Some of the more common conditions for which doctors prescribe medical marijuana use include:
Step 2: Visit a Doctor
- To legally use medical marijuana in the state of California, you must have a licensed medical doctor or osteopath implicitly recommend the use of marijuana as treatment for your medical condition. If your family physician is hesitant or unwilling to recommend the use of medical marijuana for your condition, you can visit one of the clinics or physicians in California who specialize in medical marijuana consultations. A list of these specialists can be found at the California NORML website.California NORML: Medicinal Cannabis Practitioners You should, however, have a record of medical diagnosis or referral from another physician before visiting one of these specialists and be aware that your visit may cost upwards of $200 and will not necessarily result in a medical marijuana recommendation.Americans for Safe Access: Finding a Doctor
Step 3: Obtain Documentation
- If your physician has recommended the use of marijuana as treatment for your medical condition, ask them to state so in a signed written document. This document should describe your specific medical condition and implicitly state that the licensed physician has recommended marijuana as treatment of this condition. Oral confirmation from your doctor that they have recommended your use of medical marijuana is acceptable under California law, but is more difficult and can be inconvenient to prove.Americans for Safe Access: Written Certification Must be Provided to Prove Eligibility
Step 4: Apply for An Identification Card
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After obtaining a written recommendation for medical marijuana use from your doctor, contact the MMP for instructions on how to apply for your identification card. To find out whether your county participates in the program and for a list of agencies in y
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As of May of 2009, 83% of the counties in California had implemented a Medical Marijuana Program (MMP) through which those who qualified could apply for and obtain a medical marijuana identification card.California Department of Public Health: MMP Im
Step 5: Observe Laws
- Although you can legally use marijuana if you have a doctor's recommendation to do so, you must still observe all laws when doing so.
- There are certain places where it is illegal to use marijuana, including:
- Areas where smoking is prohibited
- Within 1,000 feet of a school, recreation or youth center
- In a moving motor vehicle or while operating a boat
- On a school busAmericans for Safe Access: Consumption of Medical Marijuana
- If you have any questions regarding the legality of medical marijuana use, contact a professional familiar with medical marijuana legislation.
Obtaining Marijuana
- California is the only state in which eligible residents and their certified caregivers can legally obtain marijuana through growing and dispensing collectives and cooperatives. Whether marijuana dispensaries are regulated, banned, or licensed in specific counties and cities depends on whether the area in question has established an ordinance on the subject. To find out more about the dispensary regulations in your area, visit the Americans for Safe Access list of Local California Dispensary Regulations.Americans for Safe Access: Local California Dispensary Regulations
Conclusion
- Although marijuana use is legal for those who are deemed medically eligible in the state of California, marijuana is still officially illegal under federal law. Because of this, you should ensure that you are aware of all the benefits and risks of using marijuana before doing so. If you are unsure of the laws surrounding medical marijuana use and regulation in your area, consider seeking the advice of a legal or medical professional familiar with such matters, or a representative of an agency such as Americans for Safe Access or California NORML.
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