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A Cannabis Club, Association, Fraternity.

A Cannabis Club a mental connection or relation between thoughts, feelings, ideas, or sensations or perhaps
the act of associating or the state of being associated. THC Chemistry. Any of various processes of combination, such as hydration, solvation, or complex-ion formation, depending on relatively weak chemical bonding. An organized body of people who have an interest, activity, or purpose in common; a society. To contribute to a Joint or common purpose, A group of people joined by similar backgrounds, occupations, interests, or tastes BlueBerry, Trainwreck, Jack-Frost the list is endless eg. fraternity of Cannabis Smokers, Cannabis Culture,Cannabis Clubs. The quality or condition of being brothers; brotherliness, right on dude,

"I can't wait to go light my spliffs and get fucked up"
"pass me the j bitch"
"I smoke two spliffs when I smoke two spliffs. And fuck you frenchies and euro trash trying to act like we don't smoke mad reef in America. Go Canada"
"Rude Boys and Rastafarians sprinkled opium on their spliffs before smoking them"
"sensi is weed, and weed is ganja man.
ganja my weed, and weed is marajuana"
"excuse me while i light my spliff"......
"Out in the streets facing problems,
What you need? Right stuff. Big spliff" and so on...............

Proposition 215

Proposition 215 was a proposition in the state of California on the November 5, 1996 ballot. It passed with 5,382,915 (55.6%) votes in favor and 4,301,960 (44.4%) against.

Also known as the Compassionate Use Act of 1996, the proposition was a state-wide voter initiative authored by Dennis Peron, Dale Gieringer, William Panzer, Steve Kubby , San Francisco oncologists Richard Cohen and Ivan Silverberg, and by nurse Anna Boyce of Orange County, and approved by California voters. It allows those with a valid doctor's recommendation to possess and cultivate marijuana for personal medical use. The Act added Section 11362.5 to the California Health and Safety Code. This law has caused much conflict in the United States between states' rights advocates and those who support a stronger federal presence.

Todd McCormick was the first person to be arrested for medical marijuana related charges after the passage of California Proposition 215.

Although "Compassionate Use" is now protected in California law, the federal government continues to effect prosecutions under the Controlled Substances Act. The constitutionality of the act was recently challenged, but subsequently upheld by the Supreme Court (cf. Gonzales v. Raich). Upon announcement of the Supreme Court decision, California Governor Arnold Schwarzenegger briefly suspended the operation of programs related to compassionate use, but was compelled to resume by the ACLU and the Drug Policy Alliance.

GOLDNENSKUNK 8 WEEKS

NORML

Looking for a place to buy marijuana for medical purposes? Here's the latest list from NORML of Medical Marijuana Dealers (Pot Speakeasies)
(Warning: As good as it may look, these clubs are expensive and may very well be illegal despite all PR and BS. Ask yourself, why doesn't Walgreens sell pot? The answer is Federal law and State laws such as California Health & Safety Code 11360, "Selling Pot is Illegal.")

North Coast

* Humboldt Patients Co-Op - 601 I St. B, Arcata (707) 822-9330
* MendoHealing (Ft Bragg) (707) 964-3677
* Mendo Remedies - 44975 Hwy 101 Laytonville (707) 984-7101; low-income patients welcome.
* Caregiver Compassion Center - Santa Rosa - 4349 Mongtomery #D (707) 537-7303.
* Resource Green Caregivers & Patients Group - Santa Rosa 532-D Sonoma Ave (866) 420-5020 11am-9 pm daily (deliveries too)
* North Bay Collective - Santa Rosa 2050 W. Steele #D-3 (707) 569-1420 Tu-F 12-7; Sa-Su 12-4.
* Sonoma Alliance for Med MJ (707) 522-0292 - patients' support group
* Sonoma (Guerneville): Marvin's Gardens 707-869-1291
* Sonoma Co. Compasionate Services Delivery 707-972-7818
* Lake Co Alternative Caregiver Clinic, Clearlake Oaks (707) 998-0358 lacc@mchsi.com
* Lake Co. - Eddy Lepp's Medicinal Gardens, Upper Lake (707) 275-8879 www.eddysmedicinalgardens.com (closed by DEA 2004)
* Ukiah CBC: (707) 462-0691
* United Medical Caregivers Clinic , 812 N. State St., Ukiah (707) 462-0373
* Ukiah Compassionate Caregivers, 892 N. State St. (707) 462-6599
* Willits deliveries: NorthernStarMMD (707) 456-1211.

Central Valley & Foothills to Redding

* Amador Co: Sierra Foothills CC (delivery service) 209-274-6727.
* Butte Alliance for Medical MJ (Chico) (530) 966-3854 or indicanna@gmail.com (530) 828-1925 (co-op)
* Butte Compassionate Care - Chico area delivery service - (530) 680-0857; 12 - 8 pm; low-income patients welcome.
* Calaveras CC (delivery service) 866-401-2228. Open 7 days, 8am-8 pm; low-income patients welcome.
* Merced Patients' Group (209) 726-4532 dcgreenhouse@sbcglobal.net (patient support)
* Merced Co. - W. Coast Caregivers (Merced Co. ONLY) (209) 634-3050.
* Modesto - California Healthcare Collective - 1009 McHenry Ave.
* Modesto - Green Pole Alternative Center - 204 McHenry Ave.
* MMJ Caregivers Association of El Dorado Co. (Placerville) (530) 642-8258
* Golden State Patient Care Collective, 233 Hwy 174, Colfax (530) -346-2514. M-Sat 10 - 6.
* Nevada Co. - The Healing Center (530) 268-4690. Open 11 - 7, closed Tu & Th.
* Plumas Co. - Feather River Coop: 530-283-4517 (info)
* Redding - Shasta Caregivers (530) 945-3571
* Redding - Shasta Co Safe Accesss (delivery service) (530) 356-1645
* Roseville area deliveries - Jim'z Deliveries (916) 519-5328 Hours 10 - 6.
* Sacramento - Capitol City Patient's Center (916) 649-0114
* Sacramento - Alternative Specialties, 9205 Folsom Blvd (916) 202-2002. Open M-Sa 10-7 Su 12-5.
* Sacramento -Capitol Alternatives 2020 - 16th St. 916-497-0277 or 916- 728-1967 Open 9-7 M-Fr; 9-5 Sa.
* Sacramento - Doctor's Orders, 4011 Winters St. #A (916) 564-2112 Open 9-6 M-F, 9-4 Sa, 10-3 Sun.
* Sacramento - Capitol Wellness Collective, 2400 - 14th St. (916) 325-9000 www.wellnesscollective.com Open M-Sa 10-6; Su 12-5.
* Sacramento - MedSac916: (916) 806-2314 www.medsac916.com
* Sacramento/Solano/Central Valley/San Jose deliveries: Growth Unlimited 1-888-MED-CANN
* Sacto/Placer/Amador/El Dorado deliveries - St. Jude Herbal Delivery (916) 501-0984
* Sacramento area deliveries -Today's Holistic Caregivers (661) 946-6600 caregivers420@yahoo.com
* San Joaquin Medi-Caregivers delivery (209) 456-0680
* Rancho Cordova/Sacto/Citrus Heights area deliveries - Healing Hands of Nature (916) 256-5277
* Shasta Patient Alliance shapatall@hotmail.com (information only)
* Siskiyou County Medical Cannabis Co-op Research & Registration Center: Weed CA (530) 938-1768 littleloulou@snowcrest.net
* Stanislaus/Central Valley Co-op: Primary Caregivers & Consultants (209) 818 - 2932 CACaregivers@aol.com
* Valley Patients' Alliance - Stockton CA (209) 933-6282 - (patients' information & aid)
* Yuba County CBC (530) 749-7497

JACK-FROST 7 WEEKS

Berkeley

* Berkeley Cannabis Coop (Shattuck Ave): (510) 486-1025
* Berkeley Patients' Group (2747 San Pablo Ave): (510) 540-6013 www.BerkeleyPatientsGroup.com
* Berkeley Patients' Care Collective (2590 Telegraph Ave): (510) 540-7878 medicalmarijuanainfo.com

Contra Costa Co.

* ME Delivery (510) 758-3269

Livermore - Tri Valley
* Tri-Valley Delivery, Livermore/Tracy (925) 580-2334

Hayward - South Alameda County

* Hayward Patients Resource Center 22550 Foothill Blvd. 510-581-8640. Open 11- 9 daily, also deliveries & MD clinics (888) 389-6360.
* Local Patients' Cooperative (22630 Foothill Blvd 2nd Floor, Hayward) 510-537-2405. Open 10am-10pm everyday; (wheelchair access to 9:30 pm - call in advance).
* Garden of Eden, 21227 Foothill Blvd Castro Valley (510) 881-2160 Open 9-9 daily.
* The Health Center - 15998 E. 14th St, San Leandro (510) 278-4251. Open 11-7 Daily
* Alameda Co. Resource Center 16250 B E. 14th St San Leandro (510) 317-2150. Open M-SA 11-9 (specializing in high grade organic).
* A Natural Source, 16360 Foothill Blvd, San Leandro (510) 276-7224. M-F 11-7. Sa-Su 12-6.
* Compassionate Collective of Alameda County, 21222 Mission Blvd, Hayward. Open M-F 9-7, Sa-Su 11-7.
* Compassionate Caregivers, 16045 E. 14th St, San Leandro. (510) 481-5757. Open 8-8 every day.
* We Are Hemp (San Lorenzo) 913 East Lewelling Blvd (510) 276-2628 M-Sa 11-8
* Kind Care Resource Center, 1780 Whipple Rd #202C, Union City (510) 324-4300 Open 10-8 pm 7 days.
* Dragonfly 420 Cafe, 22138 Mission Blvd, Hayward

Oakland

* Official city ID cards & patient info available at the Coop Store: 1733 Broadway (510)832-5346 www.rxcbc.org.

City Licensed Clubs

* Oakland Compassionate Healing Center: 578 West Grand Ave (510) 839-9002. Open 7 days.
* SR-71 - 377 - 17th St. - Open M-F 9am - 8pm; Sa-Su 10am - 8 p.m.
* CARE - 1900 Telegraph Ave
* Compassionate Caregivers - 2135 Broadway - open 7 days 8am - 8pm (510) 839-2217

San Francisco

(Patient ID Cards available from SF Dept of Health, 101 Grove St. #105: (415) 554-2890)

* Compassion Care Center #1, 122 Tenth St (at Mission) 415-255-8720
* CannaMed Care Center, 1211 Sutter St (lower) (415 )885-8007 www.cannamedcare.com
* Alternative Herbal Health, 442 Haight St. (415) 864-1300. (MD consultations available by appointment)
* The Vapor Room, 609A Haight St. (MD consultations available). Open M-Sa 11AM - 9PM; Su 12 - 8PM
* The Hemp Center (4811 Geary Blvd) 415-221-HEMP
* Love Shack (502 14th St. at Guerrero) (415) 552-5121 www.lssf.com
* Compassion and Care Center #2, 194 Church St. (open 11- 7 M-Sat)
* Ketama, 14 Valencia St. (415) 706-2679 open 11-8 M-Sa, 12-6 Su.
* Medicinal Cannabis Center, 722 Columbus St. (415) 296-7614 open 11-6 everyday
* Mendocino Healing Alternatives, 96 Lafayette St. (at Howard between 11th and 12th) 415-864-4600 open 11-7 everyday
* Green Door, 843 Howard St. (415) 541-9590http://www.greendoorsf.com/Open 11-8 everydat
* Alternative Patient Caregivers, 953 Mission St. #40 (415) 618-0680 (12-6 M-F, 11-5 Sat). Clones available.
* Mission St. Caregivers (1760 Mission at Duboce) (415) 553-7780 (open 365 days)
* Alternative Relief Co-Op 1944 Ocean Ave.(415) 239-4766 natural herbs & tea (noon - 7 pm M-Sat). Deliveries to in-patients in SF hospitals.
* SF City Patients Caregiver Collective (1095 Market St. #515 @ 7th St) (415) 724-3476. Open Fri & Sat 11 am - 6 pm.
* San Francisco ACT-UP (1884 Market St): (415) 864-6686 www.actupsf.com
* Sweetleaf Collective (415) 273-4663 - For low-income AIDS, cancer patients
* Herbal Relief Center, 1545 Ocean Ave. (415) 587-2599.
* San Francisco Patients' Cooperative (350 Divisadero St): (415) 552-8653 www.sfprc.org
* Kind Sanctuary (Golden Triangle - 1334 Haight St) (415) 431-6764 Open M - Sat 10:30 - 9 PM ; Sun. 12 - 8.
* The Hopenet Coop, 223 Ninth St. (415) 863-4399 Open M-F 12-7, Sa 12-5.
* Sunset Medicinal Resource Center, 445 Judah St. (415) 731-1833 M-Sa 11-8.
* The Green Cross, 3420 - 22nd St at Guerrero (415) 648-4420 open 10-8 everyday thegreencross.org
* 420 Green Room, 1054 Market St. (415) 724-3476 Open Wed-Sat 11-3.
* Bernal Heights Co-op Dispensary 33 - 29th St. (415) 642-4702
* The Divinity Tree, 958 Geary St. (415) 292-6052 Open 11-7 except Tues.
* Mason St. Dispensary (124 Mason St. downstairs) (415) 433-4420 www.masondispensary.com- 7am-9pm daily

Marin - North Bay

* Marin Alliance for Medical MJ: (415) 256-9328 www.cbcmarin.com
* Here2Help-707 - Solano Co. deliveries homebound patients only (707) 208-9023. M - Th 9am - 7pm here2help_707@hotmail.com

South Bay

* Cal Medical MJ Patients Association (Belmont dispensary + deliveries to San Mateo, SF and East Bay) (650) 492-1487 (24 hrs) or (650) 595-0113 (4 am -6 pm) - cammjpa@yahoo.com - cammjpa.50megs.com
* Mobile Herbal Therapy (San Mateo - San Jose deliveries) 866-240-9121
* Area 420 Santa Clara Co patients' group (info only) - (408) 966-6532 area420.com
* Sticky Fingers Santa Clara Co. delivery service (650) 630-1325
* San Jose area deliveries: Growth Unlimited 1-888-MED-CANN

Santa Cruz

* Wo/Men's Alliance for Medical MJ: (831)425-0580 www.wamm.org
* MariMed Rx (831) 688-9990 (MD consultations available) (M-F 10-5, SA 11-4) Marimedrx@sbcglobal.net
* Med Ex Delivery Service: (831)425-3444
* Hemporium - LLC Delivery Service (831) 295-3511

GOLDENMOON BUDS

Southern State - Los Angeles Area

* Compassionate Caregivers, 1209 N. La Brea, West Hollywood (323) 850-9121 open 11-9 everyday.
* Inglewood Wellness Center (310) 674-4444 www.InglewoodWC.org
* LA Patients and Caregivers Group - 7213 Santa Monica Blvd, West Hollywood (at Formosa) (323) 882-6033 www.LAMedicalMarijuana.com
* AHHS (Alternative Herbal Health Services) 7828 Santa Monica (@ Fairfax) West Hollywood (323) 654-8792 call for hours.
* Medical Marijuana Farmacy 7825 Santa Monica Blvd (323) 848-7981 (LA area deliveries) 10am-9pm.
* West Hollywood Caregivers 7901 Santa Monica Blvd #206 (323) 656-2033 open 11-8 everyday.
* California Cannabis Pharmaceuticals, 8464 Santa Monica Blvd, W. Hollywood (323) 656-1600
* West Hollywood Center for Compassionate Healing, 8921 Sunset Blvd. (310) 626-3333.
* The Health Center, 8961 W. Sunset Blvd W. Hollywood (310) 275-0446 call for immediate appointment
* Los Angeles United Medical Caregivers, 4520 Wilshire Blvd (310) 358-0212 open 10-7 M-Sa, 11-5 Su.
* Los Angeles Crescent Alliance for Sickle-Cell Self-Help Group (Sister Somayah)
* Long Beach CCLB (not affiliated with any other Compassionate Caregivers) 4242 Fourth St, LB (562) 621-9777 Open 11-7 everyday.
* Trichome Healing Caregivers, 7100 Van Nuys Blvd #204, Van Nuys (818) 373-5000. Open 10-7 daily except Wed. - disabled access
* Careabis patient collective (LA / Orange Co./Riverside/S.D./Sta Barbara) (562) 650-4220; live support (9an-9pm) 626-672-7106; www.careabis.com - info@careabis.com
* Today's Holistic Caregivers (Lancaster) (661) 946-6600 caregivers420@yahoo.com

Santa Barbara - Ventura

* Santa Barbara Patients' Group, 3114 State St. (805) 687-8988 M- SA 11am - 5pm.
* Santa Barbara Patient Doctor Coalition (805) 687-2380 PDCOALITION@cox.net
* California Alliance for Medical MJ Patients (Ventura Co) (805) 890-1365 StopArrestingPts@aol.com (ID cards and medical referrals )

Kern Co. - Bakersfield

* Kern Co. - Amer. Kenpo Kungfu School of Public Health (661) 399-9099 www.RevJoeFortt.com
* Nature's Medicinal, 323 Roberts Ln, Bakersfield (661) 392-9353 open 11-9 everyday.
* Compassionate Caregivers 2816 K St. Bakersfield (661) 322-2555 Tu - Sat noon-8pm

Orange - San Bernardino - Riverside

* 420 Primary Caregivers (Anaheim) delivery service (714) 758-3500 www.420primarycaregivers.com
* Assigned Caregivers of Riverside (951) 360-3344
* MariMed Rx, 550 E. Chapman Ave. #C(Orange) (800) 29-LEGAL (M-F 9-5, SA 11-4) Marimedrx@sbcglobal.net
* KGB Meds (San Bernardino - High Desert delivery service) (760) 246-7047 kgbmeds@yahoo.com.
* Northern Lights Church (statewide support group) Laguna Beach (949) 222-4209 northernlightschurch.org or www.thehealingexchange.org

San Diego

* San Diego Legal Ease, Inc. 3024 Meade Ave #D (North Park) 619-398-3467. Coop hours: 12-9 M-F, 11-7 Sa-Su; Administrative office: 11-8 M-F, 10-6 Sa-Su
* San Diego Associated Caregivers Coop (El Cajon near Park Blvd) 619-337-4905 Open 11-7 everyday.
* San Diego Caregivers delivery service (760) 580-0745 (serving S.D. and south Riverside Co.)
* Compassionate Caregivers, 4660 El Cajon Blvd. #206, San Diego (in Asia Business Center) 619-521-0440 Tu-Sat 12-8.
* Triple Holistic Chronic, 2109 El Cajon Blvd. San Diego 619-497-1105.

Nevada

* State registration program - Dept of Agriculture, Carson City (775) 684-5333
* Nevada Primary Caregivers and Consultants (Las Vegas) (702) 328-4420 www.medicalmarijuanareferrals.com

Oregon Patients' Advocates

* Voter Power, 333 SW Park Ave Portland, OR 97201 (503) .224.3051 www.voterpower.org
* Southern Oregon Medical Marijuana Network (541) 469-9999
* MAMA (Mothers Against Misuse and Abuse) 2555 State Rd. Mosier, OR 97040 541.298.1031 www.mamas.org
* Oregon NORML, PO Box 86443 Portland, OR 97286 (503) 239.6110 www.ornorml.org
* Central Oregon NORML PO Box 9403 Bend, OR 97708 (541) 536.9252
* Eugene Compassion Center 2055 W. 12th Ave. Eugene, OR 97402 (541) .484.6558 users.rio.com/compassion/
* Contigo-Conmigo 39234 Hwy 99W Monmouth, OR 97361 www.or-coast.net/contigo

Washington State

* Green Cross Patient Advocates (206) 766-8155.
* Lifevine Angels Cannabis Collective www.cannabismd.org

Hawaii

* State registration program, Dept. of Public Safety 808-837-8470
* The Hawaiian Cannabis Ministry www.THC-ministry.org

Alaska

* State registration program, Dept of Health and Social Services 907-465-5423

Colorado

* State registration program (303) 692-2184 medical.marijuana@state.co.us

Montana

* State registration program (406) 444-5622 www.dphhs.state.mt.us

Canada

* Vancouver: British Columbia Compassion Club Society (604) 875-0448 thecompassionclub.org
* Victoria: Vancouver Island Compassion Society (250) 360-8955

CANIDIAN BAKIN....

Prop 215 Guidelines November 2004

PROP. 215, the California Compassionate Use Act, was enacted by the voters and took effect on Nov. 6, 1996 as California Health & Safety Code 11362.5. The law removes criminal penalties for personal use possession and cultivation of marijuana for medical purposes by patients (and their designated "primary caregivers") who have a physician's recommendation or approval.

SB420, a legislative statute, went into effect on January 1, 2004 as California H&SC 11362.7-.83. This law broadens Prop. 215 to transportation and other offenses in certain circumstances; allows patients to "collectively or cooperatively" cultivate for medical purposes; allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; and sets limits on where marijuana may be smoked. The law also establishes a statewide, voluntary ID card system, which is supposed to be implemented by April 2005. Once it is operational, patients with ID cards will be protected from arrest provided they adhere to specified quantity limits.

HOW MUCH CAN PATIENTS POSSESS OR CULTIVATE?

SB420 establishes a baseline statewide limit per patient of 6 mature or 12 immature plants, plus 1/2 pound (8 oz.) processed cannabis. Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. For instance, Sonoma County allows patients up to three pounds plus 99 plants in 100 square feet of growing area. For a list of other local limits, see http://www.canorml.org/prop/local215policies.html.

The legality of the limits in SB 420 has been disputed. Prior to SB 420, Prop 215 allowed patients whatever amount of marijuana they need for their medical purposes. Patients were not infrequently acquitted for personal use gardens of 100 plants or more. Some Prop. 215 advocates maintain that SB 420 cannot constitutionally limit the amount patients may legally have for personal use. This issue remains to be settled in the courts. To be safe, anyone exceeding the limits is advised to get a physician's exemption.

WHAT OFFENSES HAVE A MEDICAL EXCEPTION?

Prop. 215 explicitly covers marijuana possession and cultivation (Health and Safety Code Sections 11357 and 11358) for personal medical use. Hashish and concentrated cannabis, including edibles, (HSC 11357a) are also included. Transportation (HSC 11360) has also been allowed by some courts, and will be covered for state cardholders under SB 420. Within the context of a bona fide caregiver relationship and quantity limits, SB 420 provides qualified protection against charges for possession for sale (11359); transportation, sale, giving away, furnishing, etc. (11360); providing or leasing a place for distribution of a controlled substance (11366.5, 11570).

WHO IS PROTECTED BY PROP. 215?

Patients with a physician's recommendation and their primary caregivers, defined as, "The individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person." Examples: spouse or partner, professional caregiver or nurse. Prop. 215 does not recognize multiple caregivers (despite this, the S.F. Health Department I.D. card program allows patients to record multiple caregivers). Caregivers may have more than one patient. However, SB 420 restricts individual caregivers to no more than one patient outside their own "city or county" (it's not clear whether this allows multiple patients from different cities within the same county).

CAN PATIENTS STILL BE ARRESTED OR RAIDED?

YES, unfortunately. There is nothing in Prop. 215 to compel police to accept a patient as being valid. Many legal patients have been raided or arrested for having dubious or outdated recommendations, for growing amounts that cops deem excessive, on account of neighbors' complaints, etc. An essential aim of the state ID card system (once it becomes effective) will be to help avoid undue arrests.

Once patients have been charged, it is up to the courts to determine the validity of their medical claim.

A landmark State Supreme Court decision, People vs. Mower, holds that patients have the same legal right to marijuana as to any legally prescribed drug. Under Mower, patients who have been arrested can request dismissal of charges at a pre-trial hearing. If the defendant convinces the court that the prosecution hasn't established probable cause that it was for other than medical purposes, criminal charges are dismissed. If not, the patient goes on to trial, and the burden is on the prosecution to prove "beyond a reasonable doubt" that the defendant was guilty. Those who have had their charges dropped may file to have their property returned, and possibly claim damages.

In many cases, police raid patients and take their medicine without filing criminal charges. In order to reclaim their medicine, patients must then file a court suit on their own. For legal assistance in filing suit for lost medicine, contact Americans for Safe Access (www.safeaccessnow.org).

WHAT ABOUT FEDERAL LAW?

Under the federal Controlled Substances Act, possession of any marijuana is a misdemeanor and cultivation is a felony. In addition, premises used to sell or cultivate marijuana for sale are subject to forfeiture.

An important new Ninth Circuit appellate court ruling, Raich v. Ashcroft, protects Prop. 215 patients from federal prosecution for the intrastate, noncommercial cultivation, possession and use of marijuana for personal medical purposes. The basis for the decisions is that personal use is outside the scope of the federal government's powers under the commerce clause of the Constitution. The Raich ruling is currently under appeal to the U.S. Supreme Court, with a decision expected in Spring 2005. In the meantime, it remains federal law in the Ninth Circuit, which includes California and the Pacific Coast.

WHO QUALIFIES AS A PHYSICIAN?

Prop. 215 applies to physicians, osteopaths and surgeons who are licensed to practice in California. It does not apply to chiropractors, herbal therapists, etc. For a list of medical cannabis specialists, see the California NORML website. Under Prop. 215, physicians are required to state that they "approve" or "recommend" marijuana. Physicians are not allowed to "prescribe" marijuana, as federal law restricts "prescriptions" to drugs licensed for sale in pharmacies.

WHAT ILLNESSES CAN MARIJUANA BE USED TO TREAT?

Prop. 215 lists "cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief." It qualifies this by stating that its purpose is "to ensure that seriously ill Californians have the right to obtain and use marijuana." A recent appellate court decision in People v. Spark ruled that the question of whether the patient's medical condition is "serious" is to be made by a physician only. Physicians have recommended marijuana for hundreds of indications, including such common complaints as insomnia, post-traumatic stress, PMS, depression, and substance abuse.

WHERE CAN MEDICAL MARIJUANA BE SMOKED?

SB420 disallows marijuana smoking in no smoking zones, within 1000 feet of a school or youth center except in private residences; on school buses, in a motor vehicle that is being operated, or while operating a boat. Patients are advised to be discreet or consume oral preparations in public. Some state colleges have refused to allow medical marijuana on campus, even in designated smoking areas; the legality of these bans is disputed.

CAN PATIENTS USE MARIJUANA ON THE JOB?

SB420 does not require accommodation of medical use of marijuana at any place of employment. Under Mower, patients may have a strong argument in state court that medical marijuana recommendations should be respected. However, employers have broad discretion to reject job applicants in pre-employment tests. Prop 215 is no defense where drug testing is required under federal regulations. If you must take a drug test, the best defense is a Marinol prescription.

CAN PRISONERS AND PROBATIONERS USE MEDICAL MARIJUANA?

SB420 allows probationers, parolees, and prisoners to apply for permission to use medical marijuana. However, it does not require correctional facilities to accommodate medical marijuana use by prisoners or arrestees.

WHAT ABOUT CHILDREN?

Children under 18 should have parental consent for medical marijuana.

WHEN ARE RECOMMENDATIONS VALID?

Under Prop. 215, a recommendation is valid so long as the doctor says it is. However, SB420 requires ID cards to be renewed annually, and many police refuse to recognize recommendations that are older than a year or so. Courts have generally ruled that Prop. 215 does not protect patients who do not have a valid physician's recommendation at the time of their arrest.

SHOULD I GET AN ID CARD?

Patients are not required to get an ID card to enjoy the protection of Prop. 215. All that is needed is a physician's statement saying that marijuana is "approved" or "recommended."

A state ID card will be necessary to enjoy the protections from arrest afforded under SB 420. When available (in spring 2005), these will be issued through local county health departments.

In the meantime, some counties and cities, including Oakland, San Francisco, Santa Barbara, Sonoma, Humboldt and Mendocino, have adopted local ID programs of their own. These ID's are sometimes recognized by local law enforcement officials. In addition, some cannabis clubs and associated patients' groups issue their own, private cards. Local police are under no compulsion to recognize these.

SHOULD I REPORT MYSELF TO THE POLICE?

Patients are advised NOT to inform local law enforcement officials beforehand of their intent to grow medical marijuana; unfortunately, many patients have been busted after voluntarily reporting themselves!

WHERE CAN I GET MEDICAL MARIJUANA?

Even though Prop. 215 doesnπt legalize sales, scores of patients groups, clubs and caregivers are presently providing marijuana to patients. For a list, see www.canorml.org/prop/cbclist.html.

 

Related Links

 

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