The Compassionate Use Act of 1996
SECTION 1. Section 11362.5 is added to the Health and Safety Code, to
read:
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.
SECTION 2. If any provision of this measure or the application thereof
to any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of the measure that can be
given effect without the invalid provision or application, and to this
end the provisions of this measure are severable. |