Legal Use of Marijuana in California

2009.04.27

In California a person may legally grow, purchase, possess and use Marijuana if that person meets certain medical qualifications. The Medical Marijuana identity card is a voluntary registry program that provides an identity card for the approved applicant. The person or his legal representative must apply for the card for themselves and/or their primary caregivers. According to state law the person must be diagnosed with a serious medical condition. There is a list of these serious condition that include AIDS, arthritis, cancer, seizures and migraines to name a few, but goes on to include a limiting medical condition that listed in the ADA (Americans with Disabilities Act) and any condition that without relief, may cause serious harm to the patient’s safety of health. There must be a copy of this written documentation in your medical records from your physician (medical doctor or osteopath). This documentation should state that you have a serious medical condition and that the medical use of marijuana is appropriate.

To qualify for the Medical Marijuana Identity Card you have to reside in the county where you make your apply. You can prove that your are a resident with a driver’s license or State ID Card, a copy of your last month’s mortgage, rent, or utility bill listing your name and physical address within the county; or a motor vehicle registration. Applicants must pay a fee to be approved for registration and the Medical Marijuana ID Card. The state’s portion of this fee is $66. Counties are allowed to collect an additional fee to offset the cost of the application process. Patients with CalMed receive a 50% discount on application fees. California medical marijuana cards expire after one year.

There is no state regulation in California as to the cultivation or distribution of medical marijuana. Some counties allow for only 6 mature plants and possession of up to a half pound of died pot. Other counties allow up to 99 cannabis plants and possession of up to 3 pounds of dried pot. More may be allowed if the physician deems it to be necessary. As of November 2008 seventeen counties have not yet implemented the Medical Marijuana Program in California. Included among those counties not yet implementing the Medical Marijuana Program are San Bernardino and San Diego Counties.

The US Department of Justice’s Drug Enforcement Agency reports that 40% of medical marijuana in California is used for Chronic Pain, 22% of the use is AIDS related, 15 % is for Mood Disorders and the remaining 23% if for all other categories.

Proposition 215 allowed the legal use of marijuana in California for medical purposes. This proposition was passed in 1996. The Medical Marijuana Identity Card Program is an optional program but not necessary for those who use medical marijuana. There are still some counties that have not yet implemented the Medical Marijuana Identity Card as of yet. These who might benefit by this program should speak with their doctor and then make application in their county, if the program is available to them.