alifornia Legislation Permitting Medical Marijuana
In 1996, Proposition 215 (also known as the California Compassionate Use Act) was merged into the California Health & Safety Code. This measure allows people with certain diagnoses by a licensed California physician (and the ill person’s primary caregiver) to purchase, possess, cultivate, and use marijuana for medicinal purposes.
According to the Sacramento County Public Law Library, “2015 saw the creation of a complex licensing system for commercial production and sales of medicinal marijuana, the California Medical Marijuana Regulation and Safety Act (MMRSA) (which includes three bills, AB 266, AB 243, and SB 643.)” These paved the way for the state to protect medical marijuana dispensaries and cannabis businesses by enforcing regulations that guard against negative social outcomes involving pot use.
Qualifying Conditions to Receive a Medical Marijuana Card in California
In the state of California, marijuana is permitted for medicinal purposes. In order to purchase marijuana from a medical dispensary, you need a medical marijuana (MMJ) card. Before you can get a California MMJ card, you must provide proof that you have been diagnosed with any of the following:
- ~ Anorexia
- ~ Cancer
- ~ HIV/AIDS
- ~ Muscle spasms
- ~ Seizures (epileptic and otherwise)
- ~ Nausea
- ~ Migraines
- ~ Cachexia
- ~ Chronic pain
- ~ Any other debilitating ailment that causes significant personal suffering and prevents participation in everyday activities of living
Medical Marijuana Dispensaries
According to Article 2.5 of the Medical Marijuana Program [11362.7 – 11362.85], there are certain restrictions on business owners who run medical marijuana dispensaries. For starters, a dispensary cannot operate within a 600-foot radius of a school property. This article also protects medical marijuana dispensaries from being placed under any additional or stricter regulations by local governments, which is good news for cannabis business owners.
Possession and Cultivation Regulations
MMJ cardholders in California are permitted to possess medicinal marijuana, though there is currently no established limit on how much medical marijuana one can possess. Persons allowed to use medical marijuana are also permitted to grow pot at home, with no prescribed limits on how much.
Experienced Cannabis Business Lawyers in San Diego
At Purdy & Bailey, LLP, we are committed to helping cannabis business owners protect their livelihood. If you are interested in starting a cannabis business, need a second opinion to be sure your business is compliant with regulations, or require legal assistance with any other related matter, get in touch with one of our experience cannabis business attorneys today.
Call us at (858) 360-7080 or send us your information to receive a free evaluation today.