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: Southern California Criminal Defense Blog

California?s Compassionate Use Act ? Medicinal Marijuana ? California Health & Safety Code Section 11362.5

By Walin & Klarich

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California passed Proposition 215, the Compassionate Use Act (?CUA?), in 1996. The CUA allows patients and caregivers to possess and cultivate marijuana for the purpose of medical treatment. Despite the federal government?s continued ban on the possession of marijuana, the California state legislature enacted Health and Safety Code 11362.5 because of Proposition 215. Sometimes law enforcement will happen upon a medical marijuana card that was issued, say a couple of years prior. Some police officers may assume that the card has since expired, and that the possessor no longer qualifies under the CUA. However, a medical marijuana recommendation does not expire. People v. Windus, 165 Cal.App. 4th (2d Dist. 2008). Windus essentially reasoned that a prescribing doctor cannot and should not presume to know when the patient?s (or caregiver?s) need for the marijuana will subside altogether...continue to full post

Full post as published by Southern California Criminal Defense Blog on May 03, 2010 (boomark / email).