Know Your Rights
Did you know that Californians can use and possess medical marijuana legally?
Did you know that it is legal for Californians to speak with a doctor regarding the use of medical marijuana?
Medical Marijuana can provide relief for many ailments and conditions.
Apothecary Assistance Collective can provide you with marijuana legally.
Proposition 215 (HS 11362.5), also known as the “Compassionate Use Act of 1996”, passed in 1996, allows California residents to use and possess medical marijuana providing there is a doctor’s recommendation.
In 2003 the Senate Bill 420 was signed into effect by then Governor Gray Davis. SB 420 is the compromise between patients’ advocates and law enforcement, by stipulating the quantities of plants and product allowed per patient without being subject to arrest.
- Marijuana has been found to provide relief for the following afflictions:
- Nausea Reduction
- Pain Relief
- Reduces inflammation
- Stimulates appetite
- Assists in sleep
- Relieves spasms, and much more.
For the terminally ill, or patients suffering from a chronic illness, any of the above benefits are priceless, and Prop 215 enables them a means to access these benefits in the way they choose without fear of legal prosecution, but while social censure persists, there a few guidelines that users of medical cannabis should consider.
1. It is very advisable for the patient or caregiver to carry doctor recommendation paperwork, as well as California IDs with them at all times. This will simplify the situation in the event that you are approached by law enforcement while in possession of medical cannabis.
2. Carefully review Prop 215 and keep in mind that while you are protected from prosecution, there are stipulations that denote caution. It is left up to the police officer to decide if the situation in which you are approached is an infringement of these stipulations. To name a few:
- public use of cannabis products.
- “any conduct that endangers others.” (i.e. operating heavy machinery, etc., while under the influence)
3. It is also important to always remember your rights. For one, you do not have to consent to a search. If the police officer requests to search your purse, bag, home, or car, you can tell him no. If he asks why, state your constitutional right to privacy.
4. Be responsible. As a legitimate user of medical cannabis, that is your implied duty. Abusing your right use marijuana as medical treatment will do more harm than good to our cause.
5. Always travel safely. Never smoke and drive. If you are traveling with your cannabis, make sure it is concealed and your vehicle is registered.
6. Be a good neighbor. Loud music and domestic disputes can lead law enforcement to your home and augment the negative stigma associated with cannabis.
7. Discretion is key. Don’t smoke where others can see or leave your products in obvious areas. You know that you are a legitimate user, but others may not.
Search Warrants
1. You do not have to let an officer into your home who doesn’t have a search warrant. Verify the address, date, and the judge’s signature.
2. If they enter your home with or without a warrant, state your refusal to consent to a search.
It is important for patients to know their rights. While marijuana as a medicine is legal in CA, some law enforcement officers may or may not be familiar with the laws or how to apply them. Knowing your rights and presenting our ID card and recommendation letter should help you maneuver if confronted by local authorities.
