California Medical Marijuana Law

Status

Operational

Law Signed:

1996

QUALIFYING CONDITIONS

Anorexia
Arthritis
Cachexia
Cancer
Chronic Pain
HIV or AIDS
Glaucoma
Migraine
Persistent Muscle Spasms
Severe Nausea
Seizures
Any debilitating illness where the medical use of marijuana has been “deemed appropriate and has been recommended by a physician”

PATIENT POSSESSION LIMITS

No possession limits specified; amount must be “consistent with the patient’s needs.”

HOME CULTIVATION

Yes, no cultivation limits are specified under state law but local ordinances can limit or ban medical cultivation.

STATE-LICENSED DISPENSARIES ALLOWED

Yes. Temporary state licensing for dispensaries began on January 1, 2018 and permanent licenses will be issued starting in July. Until January 9, 2019, nonprofit dispensaries may continue to operate under state law SB 420.

MEDICAL MARIJUANA STATUTES

Cal. Health & Saf. Code, §11362.7 (2003)
Cal. Health & Saf. Code, §§ 11362.7 – 11362.83 (2003)
California Compassionate Use Act 1996, Cal. Health & Saf. Code, § 11362.5 (1996)

CAREGIVERS

Yes, primary caregiver is the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person. The caregiver must be 18 years of age or older (unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card).

ESTIMATED NUMBER OF REGISTERED PATIENTS

California’s medical cannabis registration program is voluntary. For fiscal year 2022-2023, state officials issued cards to 2,059 patients. Since the inception of the county card registration system in 2004, the state has issued a total of 117,982 registration cards to either patients or primary card providers.
Source: California Department of Public Health

EMPLOYMENT PROTECTIONS FOR QUALIFYING PATIENTS

In 2022, lawmakers enacted legislation (AB 2188) that makes “it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace” as determined by a positive drug screen for the presence of the carboxy THC metabolite. This applies to patients and non-patients. However, the law does not take effect until September 1, 2024. Details.