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California Medical Marijuana Laws Conflict


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The State of California currently operates under two medical marijuana laws, Proposition 215 California Compassionate Use Act was approved by a vote of the people and instituted in 1996. Senate Bill 420 was passed by the legislature and became law in 2004.

Both allow growing marijuana and possession of the leaf for medical purposes. The two laws conflict as Prop 215 makes no mention of amounts while SB 420 quantifies the number of plants and ounces that may be in possession.

Proposition 215 reads as follows:

“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.”

SB 420, however, quantifies the amount, allowing qualified patients or their caregivers to possess no more than eight ounces of dried marijuana and six mature or 12 immature marijuana plants. SB 420 also allows a doctor to specify more if necessary to treat an illness.

Whether SB 420 is constitutional is in question, as the state constitution requires a vote of the people before the legislature may amend a proposition, which has not been done. The issue has yet to come before the court.

News Mod: CoZmO - 420 Magazine
Source: Mount Shasta Herald
Author: Paul Boerger
Contact: publisher@mtshastanews.com
Copyright: 2007 GateHouse Media, Inc.
Website: Mount Shasta Herald
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