Proposition 215 created a new exemption from state criminal penalties for medical use of marijuana (codified as California Health and Safety Code Section 11362.5). A recent federal court ruling protects doctors who recommend marijuana for most medical purposes. This brochure gives a general description of how the exemption applies to Californians. It represents the best of our knowledge as of the date printed above. Be sure to speak with a lawyer for an up-to-date interpretation and answers to any specific questions about your own situation.

Prop 215 did not legalize marijuana. It changed how certain people - doctors, medical patients and their primary caregivers" will be treated by the State of California's court system. Patients with a doctor's recommendation to use marijuana in medical treatment have a new legal defense available to them. Physicians are exempt from state level penalties for recommending marijuana, and in most cases they are protected from federal sanctions as well, for the time being.

If arrested by state or local authorities on marijuana charges, patients can claim immunity under state law. The burden of proof is largely on the patient to prove his or her medical need, and to prove that marijuana was used with the recommendation of a doctor. Because compliance is so important, take time to understand the new law. And remember, federal laws banning medical marijuana remain in effect - while federal charges are rarely brought for small-scale, personal possession or cultivation of marijuana, the protections of Prop. 215 do not fully immunize you from any punishment.

Who Is affected by Prop. 215?

Proposition 215 was designed to protect seriously and terminally ill patients from state-level criminal penalties for using marijuana medically. Only people with their doctor's recommendation to use marijuana in medical treatment can take advantage of Prop. 215 as a legal defense against marijuana charges.

A doctor must judge whether marijuana is appropriate for treatment of a specific illness. Simply having a specific disease does not automatically qualify anyone for the marijuana exemption under Prop. 215. Only a doctor's recommendation can do that.

What is medical marijuana use for?

Marijuana has been used for centuries by doctors and patients all over the world. Some conditions for which patients report medical benefits from marijuana:

• Nausea reduction. The most common medical application of marijuana is for the reduction of nausea - the extreme nausea caused by cancer chemotherapy and EDS treatment, and even common nausea induced by standard medications for various ailments.
  Patients facing such treatments often find that just a small amount of inhaled marijuana can immediately quell nausea.
• Increasing appetite. Marijuana also reportedly increases appetite for patients with nausea or other conditions, permitting more normal food intake and preventing dangerous weight loss. This is particularly important to patients With AIDS "wasting syndrome-"
• Reducing eye pressure in glaucoma patients. Glaucoma is a progressive disease of the eye which can lead to blindness. It results from a buildup of pressure within the eye. Marijuana reduces the pressure within the eyes holding off some of the damage.
• Controlling muscle spasms, seizures and chronic pain. Marijuana is also used medically by patients with epilepsy, paralysis, arthritis, multiple sclerosis, spinal cord injuries and migraines.
  

Can I get a prescription for marijuana?

No. Even though Prop. 215 is now law it is still not possible to get a standard prescription for marijuana from a doctor. Pharmacies cannot carry marijuana because it is still illegal under federal law for use as a medicine.

Instead, Prop. 215 permits doctors to make recommendations for medical marijuana use, either in writing or verbally. Never should a marijuana recommendation made lightly. If you are arrested and charged with a marijuana offense the doctor may be required to testify on your behalf. For this reason, the doctor needs to be clear about the rationale for the recommendation, and should monitor the patient’s progress carefully. It is best to be conservative and cautious in obtaining the recommendation and in trying to keep it valid.

Can a doctor's recommendation expire?

Yes. For as long as the marijuana-recommending physician is in charge of the patient's care, and for as long as the physician continues to believe marijuana is helpful, the patient is protected under California law from criminal penalties for marijuana. However, if a patient changes doctors, or if the recommending doctor changes his or her opinion of marijuana's importance to treatment, the patient may not be protected any longer. Common sense suggests that the recommendation must be current to be valid when used as a legal defense, and therefore should be periodically renewed.