Californians voted in favor of Proposition 215—the Compassionate Use Act of 1996—which decriminalized the cultivation and use of marijuana by seriously ill people.

Seriously ill people—including those with cancer, anorexia, AIDS, chronic pain, glaucoma, arthritis and migraines—and their primary caregivers are allowed to possess or cultivate marijuana for personal medical purposes upon approval of a physician.

In 2004, a new law required the California Department of Health to create a program for voluntary registration of qualified medical marijuana patients and their primary caregivers to help law enforcement identify those who were legally allowed to cultivate, possess and transport certain amounts of marijuana without arrest.

“With (an identification) card, local law enforcement won’t bother you,” said Thousand Oaks Police Sgt. Robert Thomas.

According to a 2008 attorney general’s report, patients and caregivers who have the card may possess 8 ounces of dried marijuana and maintain no more than six mature or 12 immature plants per patient or an amount consistent with a doctor’s recommendation.

The Medical Board of California licenses, investigates and disciplines California physicians. The group’s standards for doctors recommending marijuana for their patients include taking a history and conducting a good faith examination of patients, developing a treatment plan with objectives, providing an informal consent that includes a discussion of side effects, reviewing the treatment and keeping proper records.

Physicians can’t prescribe marijuana because the Food and Drug Administration regulates prescription drugs and doesn’t recognize the use of marijuana.

The attorney general’s report directs that marijuana cannot be smoked within 1,000 feet of a school, recreation center or youth center unless smoking occurs within a home. It may also not be smoked in a moving vehicle, boat or on a school bus.

If a person violates possession guidelines, all marijuana may be seized.

Medical marijuana patients and primary caregivers may cooperatively cultivate marijuana if they file articles of incorporation with the state and conduct the business for the mutual benefit of its members.

According to the attorney general’s office, cooperatives are “are not organized to make a profit for themselves.” The earnings or savings must be used for the general welfare of members or equitably distributed to members. The cooperative isn’t allowed to sell to nonmembers.

In 2007, the California State Board of Equalization issued a special notice confirming it would tax the sale of medical marijuana and requiring businesses selling medical marijuana to have a seller’s permit. The sales tax must be paid even if the group or individual is a nonprofit.

Storefront dispensaries aren’t recognized under the law, the attorney general’s report said.

The report said, “To maintain security, prevent fraud and deter robberies, collectives and cooperatives should keep accurate records and follow accepted cash handling practices, including regular bank runs and cash drops, and maintain a general ledger of cash transactions.”