A qualified right to cultivate and use

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Proposition 215, The Compassionate Use Act of 1996, passed by more than 56% of the vote, allowing doctors to authorize patients and primary caregivers to grow or use cannabis legally. The measure does not limit personal amounts of cannabis that can be grown or possessed, nor did it authorize the legislature or any other entity to set such a limit. It did not legalize sales. HS 11362.5(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.— California Health and Safety Code

A qualified individual charged with any amount of cannabis can file a demurrer. They can also assert their immunity in court to get charges dismissed at a preliminary or evidentiary hearing or seek acquittal at trial.

The rule should be that the quantity possessed by the patient or the primary caregiver, and the form and manner in which it is possessed, should be reasonably related to the patient's current medical needs. ... [Transportation may be allowed if quantity transported and method, time and distance of transportation are reasonably related to patient's current medical needs.

— CA Court of Appeals, People v. Trippet (1997) 56 Cal.App. 4th 1532, 57 Cal.App.4th 754A

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