Section
1. Section 11362.5 is added to the California Health and Safety Code,
to read:
11362.5. (a) This section shall be known and may be cited
as the Compassionate Use Act of 1996.
(b) (1) 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 persons
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 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 non-medical 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 individua