Prop 215 and SB 420 FAQs

WHO IS PROTECTED BY PROPOSITION 215?
California patients with a physician’s recommendation and their primary caregivers are protected under Proposition 215. A primary caregiver is legally 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 of primary caregivers would be a spouse or partner, professional caregiver, or nurse. Caregivers may have more than one patient.

HOW IS PROP 215 DIFFERENT FROM SB 420?
SB 420 builds on the legislation defined in Prop 215 and restricts individual caregivers to no more than one patient outside their own “city or county.”

WHEN DID PROP 215 TAKE EFFECT?
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.

WHEN DID SB 420 TAKE EFFECT?
SB420, a legislative statute, went into effect on January 1, 2004 as California H&SC 11362.7-.83.

SB 420 broadens Prop. 215 in the following ways:

• Includes 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
• Sets limits on where marijuana may be smoked

IS MEDCIAL CANNABIS LEGAL?
Medical cannabis is legal under state and local law in California, but it is illegal under federal law. Voters in California legalized the use, cultivation, and possession of cannabis for those with a doctor’s recommendation or approval when they adopted Proposition 215 in 1996. In 2003, the California State Assembly adopted Senate Bill 420 in order to implement and clarify Proposition 215 – effectively expanding its scope. Unfortunately, medical cannabis remains illegal under federal law, and as such, you should know that there can be serious legal consequences for breaking federal law.