Friday, May 7, 2010

A few important pieces of information about medical marijuana

1. It is against the law, even under Proposition 215, for physicians to “prescribe” medical marijuana. Physicians may only “recommend” medical marijuana.

2. The fact that a patient has a recommendation for medical marijuana does not authorize them to otherwise violate the law:

- They may only smoke it in places where it is legal to smoke. Medical marijuana MAY NOT be smoked (a) where it is specifically prohibited by law (including local ordinances); (b) at or within 1000 feet of a school, recreation center or youth center (unless the medicinal use occurs within a private residence); (c) on a school bus; or (d) in a moving vehicle or boat (per 11362.79 of the California Health and Safety Code).

- Marijuana may not be SOLD, even for medicinal purposes, Sales of marijuana is a crime. Patients who need marijuana for medicinal purposes must either grow their own, or obtain it via their participation in a coop or collective.

3. There is nothing in current California law which authorizes any individual or group (even a coop or collective) to cultivate or distribute marijuana for profit (per 11362.765(a) of the California Health and Safety Code).

4. LANDLORDS AND PROPERTY MANAGERS: Just because a tenant has a medical marijuana recommendation does not mean you are required to allow them to grow marijuana on YOUR property. You may legally prohibit such activity.