Cal. Health and Safety Code § 11362.5

Cal. Health and Safety Code § 11362.5 – Medical Marijuana

11362.5.  (a) This section shall be known and may be cited as the

Compassionate Use Act of 1996.

(b) (1) The people of the State of California hereby find and

declare that the purposes of the Compassionate Use Act of 1996 are as

follows:

(A) To ensure that seriously ill Californians have the right to

obtain and use marijuana for medical purposes where that medical use

is deemed appropriate and has been recommended by a physician who has

determined that the person's health would benefit from the use of

marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,

spasticity, glaucoma, arthritis, migraine, or any other illness for

which marijuana provides relief.

(B) To ensure that patients and their primary caregivers who

obtain and use marijuana for medical purposes upon the recommendation

of a physician are not subject to criminal prosecution or sanction.

(C) To encourage the federal and state governments to implement a

plan to provide for the safe and affordable distribution of marijuana

to all patients in medical need of marijuana.

(2) Nothing in this section shall be construed to supersede

legislation prohibiting persons from engaging in conduct that

endangers others, nor to condone the diversion of marijuana for

nonmedical purposes.

(c) Notwithstanding any other provision of law, no physician in

this state shall be punished, or denied any right or privilege, for

having recommended marijuana to a patient for medical purposes.

(d) Section 11357, relating to the possession of marijuana, and

Section 11358, relating to the cultivation of marijuana, shall not

apply to a patient, or to a patient's primary caregiver, who

possesses or cultivates marijuana for the personal medical purposes

of the patient upon the written or oral recommendation or approval of

a physician.

(e) For the purposes of this section, "primary caregiver" means

the individual designated by the person exempted under this section

who has consistently assumed responsibility for the housing, health,

or safety of that person.