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The Compassionate Use Act of 1996.
CALIFORNIA HEALTH AND SAFETY CODE SECTION 11362.5
"Was inacted 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 "
TEXT OF CALIFORNIA HEALTH AND SAFETY CODE SECTION
11357. (a) Except as authorized by law, every person who possesses any concentrated
cannabis shall be punished by imprisonment in the county jail for a period of not more than
one year or by a fine of not more than five hundred dollars ($500), or by both such fine
andimprisonment, or shall be punished by imprisonment in the state prison. (b) Except as
authorized by law, every person who possesses not more than 28.5 grams of marijuana,
other than concentrated cannabis,is guilty of a misdemeanor and shall be punished by a
fine of not more than one hundred dollars ($100). Notwithstanding other provisions of
law, if such person has been previously convicted three or more times of an offense
described in this subdivision during the two-year period immediately preceding the date of
commission of the violation to be charged, the previous convictions shall also be charged
in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the
court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and
1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer
him for education, treatment, or rehabilitation,without a court hearing or determination or
the concurrence of the district attorney, to an appropriate community program which will
accept him. If the person is so diverted and referred he shall not be subject to the fine
specified in this subdivision. If no community program will accept him, the person shall be
subject to the fine specified in this subdivision. In any case in which a person is arrested
for a violation of this subdivision and does not demand to be taken before a magistrate,
such person shall be released by the arresting officer upon presentation of satisfactory
evidence of identity and giving his written promise to appear in court, as provided in
Section 853.6 of the Penal Code, and shall not be subjected to booking. (c) Except as
authorized by law, every person who possesses more than 28.5 grams of marijuana, other
than concentrated cannabis, shall be punished by imprisonment in the county jail for a
period of not more than six months or by a fine of not more than five hundred dollars
($500), or by both such fine and imprisonment. (d) Except as authorized by law, every
person 18 years of age or over who possesses not more than 28.5 grams of marijuana,
other than concentrated cannabis, upon the grounds of, or within, any school providing
instruction in kindergarten or any of grades 1 through 12during hours the school is open
for classes or school-related programs is guilty of a misdemeanor and shall be punished by
a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail
for a period of not more than 10 days, or both. (e) Except as authorized by law, every
person under the age of 18who possesses not more than 28.5 grams of marijuana, other
than concentrated cannabis, upon the grounds of, or within, any school providing
instruction in kindergarten or any of grades 1 through 12during hours the school is open
for classes or school-related programs is guilty of a misdemeanor and shall be subject to
the following dispositions: (1) A fine of not more than two hundred fifty dollars ($250),
upon a finding that a first offense has been committed. (2) A fine of not more than five
hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or
secure juvenile home for a period of not more than 10 days, or both, upon a finding that a
second or subsequent offense has been committed.
TEXT OF CALIFORNIA HEALTH AND SAFETY CODE SECTION
11358. Every person who plants, cultivates, harvests, dries, or processes any marijuana or
any part thereof, except as otherwise provided by law, shall be punished by imprisonment
in the state prison.
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