Q: Can I grow my own marijuana if I have a physician's recommendation?

A: SB 420, section 11362.77. states that qualified patients and primary caregivers may " . . .maintain no more than six mature or 12 immature marijuana plants . . ." However, the physician may legally recommend that certain qualified patients need more. Counties and cities may set guidelines exceeding, but not reducing, the state limits.

Q: If I have a physician's recommendation, can I sell or distribute marijuana?

A: No. Patients and caregivers may be legally arrested and prosecuted by state officers for selling marijuana and / or distributing marijuana.

SB 420 states that: "(e) No person or designated primary caregiver in possession of a valid identification card shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in the card is false or falsified, the card has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article." However, under federal law possession of medicinal marijuana is a misdemeanor.

Physicians are legally allowed to recommend, but not issue, medicinal marijuana to qualified patients, as specified under prop.215 and SB 420. As stated by Chief Judge Walters in Conant vs. Walters, in Opinion, section II second paragraph, a physician may not aid and abet in " . . .the purchase, cultivation, or possession of marijuana . . ."

According to prop 215 Compassionate Use Act of 1996 Health and Safety Code Section 11362.5, Physicians may legally recommend to qualifying patients, medicinal ". . . marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. . ."

Physicians may legally recommend medicinal marijuana for qualifying patients, but they may not issue it.

Q: Is a physician's recommendation legal throughout California?

A: Yes. It is legal under prop. 215 and SB420. However different cities and counties have their own guidelines regarding dispensaries and the maximum amount of medicinal marijuana patients may possess and cultivate. Medicinal marijuana is not legal under federal law.

Q: Is a California physician's recommendation legal in other states?

A: No. However, certain other states have their own medicinal marijuana laws.