The Compassionate Care Act
Health & Safety Code § 11362.5
What is Health & Safety Code § 11362.5?
Health & Safety Code § 11362.5 is known as the Compassionate Use Act of 1996, or “Compassionate Care Act.”
The Compassionate Care Act was enacted to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes.
Under the Compassionate Care Act, where medical marijuana 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.
Treatment with the use of marijuana may be appropriate to treat the following:
- Cancer
- Anorexia
- AIDS
- Chronic pain
- Spasticity
- Glaucoma
- Arthritis
- Migraine
The Compassionate Care Act protects these patients and their primary caregivers from criminal prosecution or sanction. Additionally, no physician in California will be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
A “primary caregiver” means an individual designated by the person who consistently assumed responsibility for the housing, health, or safety of that person.
Additionally, a patient, or 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, cannot be convicted of possession of marijuana under Health & Safety Code § 11357 or of cultivation under Health & Safety Code § 11358.
Clips of Counsel: Watch and Learn
“Daniel Vaswani, lead attorney at Virtuoso Criminal and DUI Lawyers, explains the complicated process of a DUI arrest and the importance of hiring the right lawyer.”
“Attorney Joe McPeak from Virtuoso Criminal and DUI Lawyers discusses important defense strategies for domestic violence cases.”
“Discover how speaking with an attorney just days before your court date can dramatically impact your chances of release.“
We are Available