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Medical Marijuana Patient Rights

 

Participation in Voluntary ID Program is NOT a Requirement for full Prop 215 Protection

Health and Safety Code ยง11362.71 (f)

It allows agencies to provide medical marijuana to qualified patients

11362.7(d)(2)

It allows caregivers to have more than one patient in the same county

11362.7(d)(3)

 

It allows caregivers to have one out-of-county patient

 

It extends the power of recommendation/approval to osteopaths

11362.7(a)

 

It creates a protective and completely voluntary 1-year photo ID program for participating patients and/or caregivers

11362.71(a)(1)

 

It promises confidentiality of records

11362.71(d)(1)

 

It allows non-governmental agencies to process the cards

11362.71(c)

It provides "around the clock" validation of participation in the program when police confront a patient or caregiver

11362.71(a)(2)

 

It includes the right for an individual to appeal if rejected for a patient ID card

11362.74 (b)

 

It gives Medi-Cal patients a 50% fee discount

11362.755(a)

 

It allows transportation and processing

11360, 11362.765 (b)

It reduces the risk of a patient being charged with intent to sell (11359) maintaining a place where cannabis is produced, provided or used

11366, 11366.5, 11570, 11362.765(b)

 

It allows reimbursement for a caregiver's material and labor

11362.765(c)

 

It empowers physicians to grant exemptions for quantities

11362.77 (b)

 

It codifies the medical use of dried cannabis flowers rather than leaf

11362.77(d)

 

It recognizes that inmates can use medical marijuana

11362.785(c)

It enables parolees, defendants and probates to retain full access to protection

11362.795

 

It criminalizes breach of confidentiality

11362.81(b)(4)

It exempts patients in their homes from the penalties associated with using cannabis within 1000 feet of a school

11362.79(b)

 

It requires police to comply with these provisions

11362.78

 

 It allows communities to adopt more realistic amounts but does not allow them to go below the "floor" amounts

11362.77(c)

 

It stops arrests -- not just prosecution -- of card-holding individuals for possession, transportation, delivery or cultivation up to a very minimal level of 6 mature plants per patient and 8 oz of bud or conversion (that could arguably be hash or hash oil, or equivalent amounts of foods and tinctures, which have a lot of liquid weight

11362.71(e)

 

 It opens the door for us to work with the AG to amend these levels upward

11362.77(e)

 

 

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Contact marijuana drug crimes defense attorney David D. Diamond today for a free evaluation of your case.
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