State Laws
Friday, March 21st, 2008All information is provided by Norml.org.
These are the laws for Medical marijuana patients for states permitting the use of medical marijuana. You can get more information about your state at Norml.org
These limits are not legally binding, other than for purposes of immunity from arrest and prosecution; they are floor amounts intended to provide a safe harbor of immunity for any patient with a bona fide recommendation to be presumed in compliance with California Health and Safety Code HS 11362.5 (Prop 215), as long as there is no indicia of sales or commercial production. The affirmative defense remains for patients in possession of larger amounts. Collectives and patients charged with intent to sell should take note of special provisions in HS 11362.7. Larger amounts may be authorized by local cities or counties.
SB 420 Statewide Default Patient Guidelines: To be as safe as possible from arrest and prosecution, patients and caregivers should stay below the medical marijuana immunity law passed by the California legislature, HS 11362.77, which sets a minimum statewide guideline of 6 mature plants OR 12 immature plants AND up to 8 ounces of processed cannabis flowers. Physician’s note exempts larger amounts. Cities and counties empowered to set guidelines that are greater than those amounts, but not less. This is explained in an open letter from the authors of the bill.
To learn more about the history of implementation and malfeasance towards California’s medical marijuana laws, visit http://www.ccrmg.org/projects.html
Federal law does not recognize medical marijuana and the Raich decision affirmed their power to prosecutes cases that are legal under state law. Federal law does not “trump” state law, it is a seperate jurisdiction.
These are the laws for non-Medical marijuana patients for California. You can get more information about your state at Norml.org
| California State Marijuana Laws. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc…) | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Any conviction of minor under 21 causes driver’s license suspension for 1 year. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Possession of 28.5 grams or less of marijuana is not an arrestable offense. As long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender. Upon conviction of the misdemeanor charge the offender is subject to a fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500.
Possession of 28.5 grams or less of marijuana on school grounds when the school is open is punishable by up to 10 days in jail and a $500 fine. Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500. The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison. There is an exception to the cultivation prohibition for patients or patients’ caregivers who possess or cultivate for personal use by the patient upon approval of a physician. The laws regarding possession and cultivation of marijuana do not apply to patients or patients’ primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician. Selling marijuana in any amount is punishable by 2 – 4 years in the state prison. Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100. Sale of marijuana to a minor is punishable by 3 – 5 years in prison. For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offender’s driver’s license for up to one year. Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year periood. A breakdown of CA county and local medical marijuana guidelines is available here: http://www.safeaccessnow.net/countyguidelines.htm. |
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Decriminalization: The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.
Medical marijuana: This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML’s Medical Marijuana section.
Hemp: This state has an active hemp industry. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML’s Industrial Use section.
