CA Marijuana Laws
State Guidelines Under SB 420 (Health & Safety Code 11362.7)
- H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.
- H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient’s needs.
- H&SC 11362.77 (c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).
- H&SC 11362.77 (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.
SB 420 Enforcement Guidelines
- State law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana ( H&SC 11362.77(a)).
- Counties and cities are authorized to establish higher (but not lower) limits if they wish ( H&SC 11362.77(c)).
- Patients who need more marijuana can be exempted from these limits if they obtain a physician’s statement specifying that they need more ( H&SC 11362.77(b)). While police are often reluctant to recognize such exemptions, they are helpful in court.
- The legality of the SB 420 limits is disputed. California NORML attorneys maintain that SB 420 cannot constitutionally limit the amount of marijuana patients can legally have insofar as Prop. 215 allows them to possess and cultivate whatever is necessary for their personal medical needs. However, this issue has not been settled by the courts. Patients who exceed the limits risk being arrested and having to defend themselves in court. Any patient who needs more than the limits is strongly advised to obtain a physician’s exemption.
- On May 22, 2008, the Second District of California Court of Appeals ruled that the state limits on medical marijuana possession and cultivation established under state law SB 420 are unconstitutional. That decision is being appealed to the California Supreme Court. The court’s reasoning would seem to apply only when the SB 420 numbers are used to limit patients’ rights, but might be interpreted otherwise by police who would prefer to ignore it.
- Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.
- In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials. The AG’s office is expected to issue further guidelines soon.
A.G. Rules Hashish Included under Prop 215
- October 21, 2003. In a written opinion, Attorney General Lockyer ruled that Prop 215 protects use of hashish and concentrated cannabis.
- The opinion, No. 03-411, was prepared for Lockyer by Deputy Attorney General Gregory L. Gonot.
- Concentrated cannabis or hashish is included within the meaning of “marijuana” as that term is used in the Compassionate Use Act of 1996.