11362.5.
(a) This section shall be known and may be cited as the
Compassionate Use Act of 1996.
(b)
(1) The people of the State of California hereby find and declare
that the purposes of the Compassionate Use Act of 1996 are as
follows:
(A)
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.
(B)
To ensure that patients and their primary caregivers who obtain
and use marijuana for medical purposes upon the recommendation
of a physician are not subject to criminal prosecution or sanction.
(C)
To encourage the federal and state governments to implement a
plan to provide for the safe and affordable distribution of marijuana
to all patients in medical need of marijuana.
(2)
Nothing in this section shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers others,
nor to condone the diversion of marijuana for
nonmedical purposes.
(c)
Notwithstanding any other provision of law, no physician in this
state shall be punished, or denied any right or privilege, forhaving
recommended marijuana to a patient for medical purposes.
(d)
Section 11357, relating to the possession of marijuana, and Section
11358, relating to the cultivation of marijuana, shall not apply
to a patient, or to a patient's primary caregiver, who
possesses or cultivates marijuana for the personal medical purposes
of the patient upon the written or oral recommendation or approval
of a physician.
(e)
For the purposes of this section, "primary caregiver"
means the individual designated by the person exempted under this
section who has consistently assumed responsibility for the housing,
health, or safety of that person.
