In 2003 Senate Bill 420 was passed as an extension and to clarify Proposition 215 the Compassionate Use Act (CUA) passed by California voters in 1996. The Medical Marijuana Program was established to provide a state wide medical marijuana card issuance program for qualified patients and their care givers.
On August 25, 2008 Governor and then Attorney General Jerry Brown issued guidelines to assist qualified patients and law enforcement officers. These guidelines state that marijuana collectives should operate as non-profit organizations and verify its members are qualified patients and maintain records of its activities.
So does this mean its legal for those now wishing to get into the California green rush? Well sort of. The reason is for that answer is because California as stated above does have in existence a medical marijuana law. But here is the kicker .....there is NO FEDERAL MEDICAL MARIJUANA LAW!
In plain language this means one could be completely in compliance with state law but still be raided by the Drug Enforcement Agency (DEA) or other federal agencies and prosecuted by the federal government in federal court.
In California to obtain medical marijuana you must get a doctors recommendation. Doctors cannot prescribe it because it is schedule one controlled substance and pharmacies do not carry it. Once you obtain your doctors recommendation you can then obtain medical marijuana legally at a dispensary.
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