California Health and Safety Code Section 11362.5

by Randy Collins on Feb. 08, 2012

Health Care Health Care Other 

Summary: Marijuana usage is often considered to be a criminal offense, but in special circumstances like use for medicinal purposes, doctors who recommend the drug and the patients who partake of them, are exempt from any criminal obligations under HSC 11362.5.

California Health and Safety Code Section 11362.5 came into effect in 1996. Most Californians voted in support of this law in order to help alleviate the pain and help treat those who were ill. Marijuana usage is often considered to be a criminal offense, but in special circumstances like use for medicinal purposes, doctors who recommend the drug and the patients who partake of them, are exempt from any criminal obligations under HSC 11362.5.

The health code goes even further to describe what is considered to be a serious illness and the most common ones include cancer, acquired immune deficiency illness, migraines, arthritis and a few more. 

Once an certified physician authorizes the use of medical marijuana, he or she cannot be penalized for doing so, neither the sick individual for using it.

In terms of growing the plant on a personal property, some laws prohibit doing so for regular citizens. Once again, medical doctors and their patients who are doing so for treatment of an illness are excused, along with the person who is caring for and cohabiting with the ill party.

This proposition was declared in order to :

·         Help those who are sick and suffering

·         Motivate officials to devise a clear cut plan for supply, selling and pricing of marijuana for sick people only

·         To exempt criminal charges for medicinal marijuana

For physicians and individuals who are sick and being prosecuted for medical marijuana possession and usage, there is help. An experienced lawyer can help to prove the case for using and possessing marijuana for only medical purposes.



 

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