Existing law, by its own terms, does not permit a patient or primary caregiver to cultivate or possess more than six marijuana plants in a single growing facility for the medical use of a patient who has a physician recommendation that the patient continue to use medical marijuana under the physician's supervision. Additionally, existing law limits the number of patients and caregivers permitted to grow marijuana plants in a single growing facility to three per patient, per caregiver. This bill would, upon its enactment into law, make the following changes to the provisions of existing law that are related to the cultivation and possession of marijuana: (A) establish a maximum number of plants for the personal use of a patient or primary caregiver who has a physician recommendation that the patient continue to use medical marijuana under the physician's supervision; (B) allow patients and primary caregivers to cultivate and possess no more than two marijuana plants and no more than seven marijuana plants per patient, per person for the personal use of the patient who has a physician recommendation that the patient use medical marijuana under the physician's supervision; and (C) require that a health care facility licensed pursuant to Chapter 10 (commencing with Section 1200) of Division 2 of the Business and Professions Code may not permit a patient or primary caregiver to possess more than one marijuana plant or seven marijuana plants for the personal use of the patient who has a physician recommendation that the patient use medical marijuana under the physician's supervision. The bill would require that a licensed health care facility be able to issue a certification authorizing a patient or primary caregiver to possess more marijuana plants than the limitation specified in paragraph (B) of this subdivision. The bill would set the maximum number of plants permitted to a patient or primary caregiver at zero plants, with the proviso that the department of public health shall have the authority to designate an alternative means to prevent the proliferation of unlawful marijuana dispensaries in public health emergencies. The bill would also set the maximum number of plants permitted to one individual at one plants, with the proviso that the department of public health shall have the authority to designate an alternative means of preventing the proliferation of unlawful marijuana dispensaries in public health emergencies. (Amended by Stats. 2003, Ch. 526, Sec. 4. Effective January 1, 2004.) AN ACT relative to controlled substances.
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California Senate Bill Number: SB 420 -Bill Text
INTRODUCED FEBRUARY 20, 2003, BY Senator Violoncellos PASSED SENATE SEPTEMBER 11, 2003, PASSED ASSEMBLY SEPTEMBER 10, 2003 (Principal coauthor: Assembly
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