Legal

Important Post Regarding PROP 64 in California.

RX-C serves medicinal cannabis patients in the state of California only. If you are not a resident of California, we are unable to serve you at this time.

As activists for Medicinal Marijuana in California, it’s important for us as a Collective to ensure our members understand the laws that govern the medical marijuana industry in California. This page is a place to start and we encourage all members to stay abreast of the latest news and developments as the industry continues to evolve

While California’s Proposition 215 legalized cannabis for medical use, federal law currently prohibits possession of all cannabis, whether for medical use or not. Be aware of this when possessing, transporting or using medical cannabis on federal government property and states outside of California.

Proposition 215
Proposition 215 was a proposition in the state of California on the November 5, 1996 ballot. It passed with 55.6% votes in favor and 44.4% against.Also known as the Compassionate Use Act of 1996, the proposition was a state-wide voter initiative authored by Dennis Peron, Anna Boyce [RN], Valerie Corral (http://wamm.org), Dale Gieringer, William Panzer, Scott Imler, San Francisco oncologists Richard Cohen and Ivan Silverberg, and psychiatrist Tod H. Mikuriya, and approved by California voters. It allows those with a valid doctor’s recommendation to possess and cultivate marijuana for personal medical use. The Act added Section 11362.5 to the California Health and Safety Code. This law has caused much conflict in the United States between states’ rights advocates and those who support a stronger federal presence.

Although “Compassionate Use” is now protected in California law, the federal government continues to effect prosecutions under the Controlled Substances Act.

California Senate Bill 420
Senate Bill 420 was passed by the California Legislature to address vague provisions of Proposition 215. The bill was signed into effect by outgoing Governor Gray Davis in 2003.

SB 420, which reflects a compromise between patients’ advocates and law enforcement, includes controversial state guidelines regarding how much Marijuana patients may grow and possess without being subject to arrest. It also requires counties to implement a voluntary patient identification card system and other provisions to protect patients and their caregivers from arrest. The guidelines, which were hotly disputed by California NORML and other patients’ advocates, allow patients up to 6 mature or 12 immature plants and up to one-half pound of dried, processed marijuana. Patient advocates had pushed for more liberal guidelines, such as those adopted by Sonoma County, which allow up to 99 plants in a 100 square foot growing area plus 3 pounds of marijuana. The final guidelines were decided in a last-minute legislative deal by Attorney General Lockyer and Sen. Vasconcellos in order to get the bill passed. In other provisions, SB 420:

  • Recognizes the right of patients and caregivers to associate collectively or cooperatively to cultivate medical marijuana.
  • Disallows marijuana smoking in no smoking zones, within 1000 feet of a school or youth center except in private residences, on school buses, in a motor vehicle that is being operated, or while operating a boat.
  • Protects patients and caregivers from arrest for transportation and other miscellaneous charges not covered in 215.
  • Allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; however, such permission may be refused at the discretion of the authorities.
  • Makes it a crime to fraudulently provide misinformation to obtain a card, to steal or misuse the card of another, to counterfeit a card, or to breach the confidentiality of patient records in the card program.

Organizations to follow or consider becoming a member of:

Americans for Safe Access

California NRML

Patients Out of Time

Project CBD

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