
Patient Rights in California
The Compassionate Use Act of 1996 allows seriously ill people
to legally grow and use cannabis as medicine. In order to
qualify under California law, a patient must have a doctor’s
recommendation. A doctor may make a recommendation for any
condition for which cannabis provides relief.
1. Ask your regular
doctor for a recommendation:
Be forthright with your doctor. There is nothing wrong with
using medical cannabis or discussing it with your doctor. A
federal court has ruled that doctors may not be punished for
recommending medical cannabis.
a.) Be prepared to tell your doctor specifically what
condition or symptoms you treat with cannabis. Honestly describe
the amount of cannabis you use, how often, and by what delivery
method.
b.) Ask for a written recommendation. Although an oral one
is acceptable, it is difficult to verify. If your doctor will
not issue a recommendation, you may need to visit a medical
cannabis specialist.
2.
Medical cannabis specialists:
a.) You should take your medical records with you to the
appointment.
b.) It generally costs more than $200 to see a medical
cannabis specialist.
c.) Paying the money does not guarantee that you will get a
recommendation.
3. If You would like to get an
official ID card:
Under a new law, SB 420, the state health agency is required
to set up a voluntary
medical cannabis ID system, however this will not be in place
before the middle of 2005 at best.. Although medical cannabis
patients are not required by law to have such an ID, it may be
helpful in law enforcement encounters. Furthermore, most
cannabis dispensaries will not let you join unless you have an
ID card. We are currently working in Eldorado County with law
enforcement and the County Board of Supervisors as well as the
County Health Deptartment to implement an ID card system.
4. Registering at a cannabis
dispensary:
Under recent federal court rulings, individual patients and
caregivers in California are protected from federal harassment
for cultivating their own medical cannabis as long as no money
is exchanged, but cannabis dispensaries and members are not
afforded that same protection. Joining a co-op or dispensary is
a legal risk, though so far patient members have not been
prosecuted. Once you have your card, you can sign up at any
dispensary that accepts that card. |