Do Medicinal Marijuana Patients Have To Register With A Dispensary In California

Updated Feb 28, 2022

On Jan ane, 2018, recreational marijuana use became legal for adults over 21 years of age in California. Medical marijuana laws under California'south "Compassionate Use" Act, however, remain in full force and consequence.

Significantly, California'southward medical marijuana laws offering certain advantages for patients over the purchase of retail marijuana. Such advantages include:

Patients with valid medical marijuana ID cards are exempt from paying state sales and use tax applicable to recreational marijuana sales.
Medical marijuana patients can, with a dr.'south recommendation, possess and grow every bit much marijuana as is consistent with their reasonable needs. Recreational marijuana use has strict quantity limits (possession of non more than 1 ounce of marijuana or 8 grams of concentrate; cultivation of not more than 6 plants).
Medical tinctures, capsules and topicals can contain upwards to ii,000 mg of THC per parcel, twice as much every bit similar products for recreational use.
Patients under age 21 tin use medical marijuana with a doctor's recommendation (and parent'south consent if under xviii). Recreational marijuana use is limited to adults historic period 21 and older.

To help you lot better empathise California's medical marijuana laws, our California criminal defense attorneys respond the following questions, below.

Various marijuana products on a prescription pad.

On January 1, 2018, recreational marijuana use became legal for adults over 21 years of age in California. Medical marijuana laws under California'due south "Compassionate Use" Human activity, however, remain in full force and effect.

1. What is California's "Compassionate Utilise" Human activity?

Medical marijuana is legal in California under the "Compassionate Utilise Deed of 1996" (the "CUA").¹

The CUA was passed into law by voter approving of California's Proffer 215. Its provisions are gear up forth in California Health and Safety Code 11362.v and subsequent sections.

2. Who is legally entitled to apply medical marijuana in California?

You are entitled to use medical marijuana in California if:

a licensed California physician,
has approved or recommended marijuana (either verbally or in writing),
for the treatment of a serious medical condition.²

3. What constitutes a "serious medical condition"?

Under the CUA a "serious medical condition" is defined as:

Acquired allowed deficiency syndrome (AIDS).
Anorexia.
Arthritis.
Cachexia [wasting syndrome].
Cancer.
Chronic hurting.
Glaucoma.
Migraine.
Persistent musculus spasms, including, but not limited to, spasms associated with multiple sclerosis.
Seizures, including, but not express to, seizures associated with epilepsy.
Severe nausea, and
Any other chronic or persistent medical symptom that either:(A) Substantially limits the ability of the person to conduct i or more than major life activities as divers in the Americans with Disabilities Act of 1990 (Public Police force 101-336), or(B) If not alleviated, may crusade serious damage to the patient's prophylactic or concrete or mental health.³

iv. Practice I demand a medical marijuana carte in order to use medical marijuana?

Y'all do not need a medical marijuana ID card ("MMIC") in order to qualify for medical marijuana apply under the CUA.^iv

However, having a medical marijuana card allows police force enforcement to verify that yous are authorized to use medical marijuana.

If you have a current, valid MMIC, an officer may not arrest you for possessing, cultivating or transporting marijuana unless:

the information on the card is simulated,
the card was fraudulently obtained, or
you are otherwise violating the law (for instance, by possessing or growing more pot than is permitted under the CUA, or possessing it with the intent to sell information technology).⁵

5. How practise I obtain a medical marijuana card?

Yous must utilize for an MMIC in person at the health department of the county in which you lot reside.⁶ Yous tin get an MMIC in every California county except Sutter and Colusa.

MMIC is a country-run program. In one case y'all take your ID menu, it is valid throughout California.

For more than information, please see our commodity, How to Get a Medical Marijuana Card in California.

6. Can a medical marijuana card be used against me?

The California medical marijuana registry does not contain personal information such every bit name, accost or social security number. The only information in the database is:

a unique user ID number and
whether the menu is valid.⁷

The MMIC itself contains no personal information other than your photograph.

When someone — such as a police officer or dispensary — enters your ID number into the state database, they are told simply whether the card is valid or invalid. No other information is given.

7. What tin a medical marijuana user legally practise?

Medical marijuana users may legally:

possess,
cultivate, and
send marijuana

for their personal, medical apply.⁸

Medical marijuana laws exercise not permit patients to sell it or give it away, or to take possession of marijuana with the intent to sell it.⁹

They also exercise not permit medical marijuana users to smoke marijuana:

in any place where smoking is prohibited by law,
in or inside 1,000 anxiety of the grounds of a school, recreation center, or youth center, unless the medical utilize occurs within a residence,
on a school bus,
while in a motor vehicle that is being operated, or
while operating a gunkhole.¹⁰

Marijuana on top of a digital scale.

Medical marijuana users may legally possess up to eight ounces of dried marijuana.

8. How much marijuana can I possess or grow?

Medical marijuana users may legally:

possess up to eight ounces of dried marijuana,
abound up to six mature or 12 immature marijuana plants, or
with a doctor'south recommendation, possess or grow a greater amount consistent with the patient'due south reasonable needs.¹¹

They may too transport a quantity of marijuana consistent with their reasonable medical needs.¹²

9. Is concentrated cannabis (hashish) permitted under the CUA?

For purposes of the CUA, concentrated cannabis (hashish) is considered marijuana.^thirteen Thus, medical marijuana users may legally possess concentrated cannabis in an amount reasonably related to their current medical needs.¹⁴

They may likewise produce concentrated cannabis for their personal, medical utilise. All the same, they may not produce it using chemic solvents, such as butane.¹⁵

10. How do I discover a medical marijuana physician in California?

Medical marijuana use is not recognized under federal law. Under the federal "Controlled Substances Human action" (the "CSA"), marijuana is classified as a Schedule 1 hallucinogen.^sixteen

Considering information technology is still illegal nether federal law, many doctors will not prescribe medical marijuana. However, some volition, even so, corroborate its employ for your status verbally, which is all that is required under the CUA.¹⁷

If you would adopt a written prescription for marijuana — or are agape to discuss marijuana with your regular doctor — a reputable medical marijuana dispensary tin can usually recommend a doctor.

11. What is a medical marijuana "principal caregiver"?

A California medical marijuana "main caregiver" is:

an individual,
at least 18 years of historic period,
designated past a medical marijuana patient,
who consistently assumes responsibleness for the patient's housing, health, or prophylactic.¹⁸

12. What can a medical marijuana main caregiver legally do?

Primary caregivers of medical marijuana patients may:

possess,
cultivate/produce,
transport, and/or
administer

marijuana or concentrated cannabis solely for the patient's medical use.¹⁹ The amount of marijuana must be reasonably related to the patient's current, medical needs.²⁰

Nether no circumstances may primary caregivers:

requite marijuana to any other person,
possess, cultivate or transport more than than is reasonably related to the patient's medical needs, or
sell — or possess with intent to sell — any marijuana.²¹

For more than information, please see our article Primary Caregivers and California Medical Marijuana.

13. What is a principal caregiver medical marijuana ID card?

You lot do non need an MMIC to exist a primary caregiver. But a main caregiver ID card offers protection against arrest.²²

The only differences betwixt a main caregiver carte du jour and a patient menu are that:

a primary caregiver bill of fare identifies you lot equally a primary caregiver, and
a primary caregiver card expires when the patient's menu expires, even if that is less than one yr from the date of issue.

You lot do non demand to obtain your principal caregiver card at the same time the patient gets an MMIC. All the same, information technology is the patient who must apply for a master caregiver carte du jour.²³

You volition need to go the county office with the patient so that yous can exist photographed.

14. What if I am arrested for medical marijuana?

Medical marijuana users and primary caregivers may use the CUA as a defence force to many marijuana-related charges.

To make use of the defense, you will need to introduce evidence showing that:

you (or a patient you care for) had the legal correct to use marijuana, and
the amount was reasonably related to your (or the patient's) then-current medical needs.²⁴

Such evidence is often — but does not take to be — a medico's testimony regarding your (or the patient's) medical status and need for medical marijuana.²⁵

One time you introduce such show, the brunt is on the prosecutor to bear witness that your (or the patient's) utilise of medical marijuana was non justified.²⁶

If you are a principal caregiver, yous will also need to prove that:

You have been designated for that purpose by a legal medical marijuana user,
You are consistently responsible for that person's housing, wellness, and/or rubber,
The intendance you provide is independent of assist y'all give the person in taking medical marijuana, AND
You began taking intendance of the person at or before the time y'all causeless responsibility for assisting with medical marijuana.²⁷

xv. Can I exist arrested under federal law for using medical marijuana?

Marijuana — even medical marijuana — is illegal under the federal Controlled Substances Act.²⁸

Even so, current federal government policy is to get after large-scale drug traffickers, not private medical marijuana users who comply with state police force.²⁹

sixteen. How exercise I open up a medical marijuana clinic?

The CUA permits distribution of marijuana to medical marijuana patients and their primary caregivers through non-turn a profit medical marijuana dispensaries.^xxx

There are strict country requirements regarding the operation of dispensaries.³¹ In addition, the CUA does not preempt urban center or county ordinances which regulate dispensaries.³²

For more information, please see our article How to Open a Medical Marijuana Clinic in California.

17. What is the impact of Proposition 64 (recreational marijuana legalization) on California medical marijuana laws?

In November of 2016, California voters passed Proposition 64, which legalized the use of recreational marijuana for people over 21 in California and authorized Californians to sell recreational marijuana under state-issued licenses.³³

Over fourth dimension, medical marijuana users in California may detect information technology simpler to meet their medical marijuana needs through the legal recreational marijuana market. Equally of 2016, however, California's medical marijuana laws proceed to play an important part for several reasons.

First, information technology will take some time for the market in recreational marijuana to get up and running in California. The latest date on which the state tin can showtime issuing licenses for recreational pot sales is not until Jan 1, 2018.

Second, California'due south medical marijuana laws permit medical users to possess more than marijuana than the legal limit for recreational users (28.5 grams, or a bit more than an ounce) if their medical needs require it.

Finally, it may turn out to be the case that medical marijuana sold past non-turn a profit collectives will exist cheaper than recreational marijuana sold legally by for-profit businesses. Medical marijuana purchased with an ID menu will too be exempt from sales tax.

Prop 64 made only minor changes to the existing laws on California medical marijuana. The nigh salient for medical marijuana users is a requirement that, as of January 1, 2018, doctor's recommendations should comply with new, stricter requirements that went into identify in 2015. (Yet, a failure to comply with this requirement will non lead to criminal penalties.)³⁴

Call usa for help…

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Telephone call the states for assist…

For more information about California'southward marijuana laws, or to discuss your case confidentially with i of our California criminal defense attorneys, delight don't hesitate to contact us at Shouse Law Grouping. Our police offices are located in and around Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

Additionally, our Las Vegas Nevada criminal defense attorneys represent clients accused of violating Nevada's medical marijuana laws. For more information, we invite you to contact our local attorneys at ane of our Nevada police offices, located in Reno and Las Vegas.