PROP. 215, the California Compassionate Use Act, was enacted by the voters and took effect on Nov. 6, 1996 as California Health & Safety Code 11362.5. The law removes criminal penalties for personal use possession and cultivation of marijuana for medical purposes by patients (and their designated "primary caregivers") who have a physician's recommendation or approval.
SB420, a legislative statute, went into effect on January 1, 2004 as California H&SC 11362.7-.83. This law broadens Prop. 215 to transportation and other offenses in certain circumstances; allows patients to "collectively or cooperatively" cultivate for medical purposes; allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; and sets limits on where marijuana may be smoked.
The guidelines published by Attorney General Jerry Brown signal a turning point in the effort to implement California's medical cannabis laws and are the culmination of years of persistent and strategic work by Americans for Safe Access (ASA). With these guidelines, California's highest ranking law enforcement official joins state voters, law makers, and courts in affirming the legality of medical cannabis - regardless of what federal law says.
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SB420 establishes a baseline statewide limit per patient of 6 mature or 12 immature plants, plus 1/2 pound (8 oz.) processed cannabis. Patients can be exempted from these limits if their physician specifically states that they need more. In addition, individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. For instance, Sonoma County allows patients up to three pounds plus 99 plants in 100 square feet of growing area.
The legality of the limits in SB 420 has been disputed. Prior to SB 420, Prop 215 allowed patients whatever amount of marijuana they need for their medical purposes. Patients were not infrequently acquitted for personal use gardens of 100 plants or more. Some Prop. 215 advocates maintain that SB 420 cannot constitutionally limit the amount patients may legally have for personal use. This issue remains to be settled in the courts. To be safe, anyone exceeding the limits is advised to get a physician's exemption.
Patients with a physician's recommendation and their primary caregivers, defined as, "The individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person." Examples: spouse or partner, professional caregiver or nurse. Caregivers may have more than one patient. However, SB 420 restricts individual caregivers to no more than one patient outside their own "city or county."