11362.5. (a) This section shall be known and may be
cited as the Compassionate Use Act of 1996.
(b) (l) 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 act 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, for having 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 act who has consistently assumed responsibility for
the housing, health, or safety of that person.
