California Compassionate Use Act DefenseCalifornia Health & Safety Code § 11362.5
Free Consultation.What Is the Compassionate Use Act?
California's Compassionate Use Act (Health and Safety Code § 11362.5), passed as Proposition 215 in 1996, provides a defense to criminal prosecution for patients who possess or cultivate marijuana for personal medical use upon a physician's recommendation. California was the first state to legalize medical marijuana.
Who Is Protected?
The Act protects patients with a physician's recommendation for a serious medical condition including cancer, AIDS, chronic pain, glaucoma, arthritis, migraine, and any other illness for which marijuana provides relief. No formal ID card is required, though obtaining one under the Medical Marijuana Program Act provides additional protections.
Limits of the Defense
The Compassionate Use Act does not authorize sales or distribution, does not protect against federal prosecution, and does not permit quantities far beyond personal use. Proposition 64 (2016) expanded protections for recreational adult use.
Charged Despite a Medical Recommendation?
Law enforcement does not always properly apply the Compassionate Use Act. If you have been charged with marijuana possession or cultivation despite a valid physician's recommendation, Virtuoso Law can assert your rights under the Act and fight for dismissal of your charges.
Contact Virtuoso Law
Call (833) 666-5245 for a free consultation with an experienced California drug defense attorney. Available 24/7.