(a)A qualified patient or primary caregiver may possess no more than eight ounces of dried cannabis per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature cannabis plants per qualified patient.
(b)If a qualified patient or primary caregiver has a physician’s recommendation that this quantity does not meet the qualified patient’s medical needs, the qualified patient or primary caregiver may possess an amount of cannabis consistent with the patient’s needs.
(c)Counties and cities may retain or enact medicinal cannabis guidelines allowing qualified patients or primary caregivers to
exceed the state limits set forth in subdivision (a).
(d)Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of cannabis under this section.
(e)A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of cannabis consistent with this article.
Notes of Decisions
Cited in
6
cases, 2008–2020 · leading case:
People v. Kelly, 222 P.3d 186 (Cal. 2010).
People v. Kelly, 222 P.3d 186 (Cal. 2010).
· cites it 2× “Health and Safety Code section 11362.77, 1 which is part of the Medical Marijuana Program (MMP) (§ 11362.”
People v. Kelly, 163 Cal. App. 4th 124 (Cal. Ct. App. 2008).
“The Legislature, however, thereafter enacted, without the voters' approval, Health and Safety Code section 11362.77. [1] That section caps the amount of marijuana a patient may have at eight ounces of dried marijuana and six mature or 12 immature marijuana plants, unless the…”
Olson v. Gilley CA3 (Cal. Ct. App. 2013).
· cites it 2× “The alleged policy was not arbitrary, but was in fact a requirement at that time under Health and Safety Code section 11362.77. Health and Safety Code section 11362.”
People v. Bucio (Cal. Ct. App. 2020).
“) By imposing these limitations upon “‘qualified patients’” and caregivers, Health and Safety Code section 11362.77 unlawfully amended the CUA, under which “these individuals are not subject to any specific limits” and “may possess an amount of medical marijuana reasonably…”
People v. Bucio (Cal. Ct. App. 2020).
“) By imposing these limitations upon “‘qualified patients’” and caregivers, Health and Safety Code section 11362.77 unlawfully amended the CUA, under which “these individuals are not subject to any specific limits” and “may possess an amount of medical marijuana reasonably…”
People v. Parker CA5 (Cal. Ct. App. 2013).
“Citing Evidence Code sections 210 and 352, Parker argued that such questions would elicit improper testimony about appellants’ medications conditions, would violate their 7 Health and Safety Code section 11362.77, subdivision (a) provides: “A qualified patient or primary…”
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