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Marijuana
Medical Marijuana & Prop 215
Medical marijuana patients and their designated primary caregivers may legally possess and cultivate (but not distribute or sell) marijuana under Health and Safety Code 11362.5 (Prop 215) if they have a physician’s recommendation or approval.
A doctor's recommendation is a valid defense to cultivation and possession of marijuana.
Arguing Medical Use
Tetrahydrocannabinol (THC), the psychoactive ingredient in cannabis, is very useful in treating all types of diseases and illnesses.
THC’s medicinal properties have been known for years.
The people of California legalized the medicinal use of marijuana when a doctor writes a letter recommending that a patient will benefit from its use with Proposition 215.
Even though medical THC is legal, a number of physicians and patients are still arrested and charged with violating state and federal drug laws.
Recreational Marijuana
In November 2016, California voters approved marijuana for recreational use.
The bill, known as the Adult Use of Marijuana Act (AUMA), made it lawful for adults 21 or older to possess, process, transport, obtain, and give away marijuana.
The bill also tasked various state agencies with creating regulations governing recreational marijuana.
Local Laws Ban Recreational Marijuana
Many cities and counties reacted to passage of the AUMA by banning various recreational marijuana activities.
In Santa Barbara,
However, driving under the influence of marijuana ("DUI - D") will continue to be illegal (even with a valid recommendation).
THC's Medicinal Properties
THC has been used for medical purposes longer than it has been used for recreational purposes.
The ancient Chinese recognized THC as one of their 50 fundamental herbs.
THC has been shown to be effective in combating a number of medical conditions through:
Established findings — THC has been proven effective in treating asthma and glaucoma.
THC also stimulates appetite, reduces pain, and combats nausea and vomiting.
Preliminary findings — THC may be effective against irritable bowel syndrome, fibromyalgia, adrenal diseases and migraines.
Anecdotal evidence — A variety of studies indicate that THC may be useful in treating alcohol abuse, bipolar disorder, depression, leukemia,
Parkinson’s disease, epilepsy, sleep apnea, and a wide array of other physical and neurological conditions.
Defending Approved Medical Use
Medical marijuana is legal in California, but marijuana possession is illegal according to federal law.
A medical marijuana recommendation from a physician is an affirmative defense.