Legal Question in Criminal Law in California

Medical marijuana

If a person is seriously ill, is it legal fo his/her doctor to adivse marijuana use as a source of medical relief?


Asked on 4/14/04, 4:27 pm

2 Answers from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: Medical marijuana

Yes, in California. Health & Safety Code section 22362.5 provides that it is a defense to a cultivation or possession charge if the marijuana has been prescribed by a physician who has determined that the "person's 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".

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Answered on 4/15/04, 12:59 am
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Medical marijuana

While california law allows medical use of marijuana federal law does not recognize the medical use of marijuana. The news reports indicate that the federal government does not become interested unless the marijuana is in large quantities or other wise becomes open and notorius.

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Answered on 4/18/04, 2:20 am


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