420MedExpress is a Medical Marijuana Delivery Service, such term to include cannabis delivery, pot delivery, 420 delivery, weed delivery

California Law

 

 

In 1996, California voters approved Proposition 215 (otherwise known as the Compassionate Use Act of 1996), which legalized medically prescribed marijuana.   Under the Medical Marijuana Program Act (hereinafter the "MMP"), enacted in 2004, the following guidelines were adopted for the possession and cultivation of medical marijuana in California.  420MedExpress is a medical marijuana delivery service that operates in strict conformity all applicable federal and state laws.

 

Possession and Cultivation Guidelines

 

Qualified patients may possess and transport up to 8 oz of dried marijuana, and may maintain no more than 6 mature or 12 immature plants per patient.  However, if a patient has a doctor’s recommendation that this amount does not meet his/her medical needs, the patient may possess and/or cultivate amounts that are consistent with that patient’s needs.  It should be noted that only dried mature processed flowers or buds of the female plant are properly considered when determining allowable quantities of marijuana for purposes of the MMP.   A patient should check the local guidelines as cities and counties may adopt regulations that permit patients to possess larger quantities than those set forth above.

 

 

Enforcement Guidelines

 

Medical Marijuana may not be smoked:

 

• where smoking is prohibited by law;

• at or within 1000 feet of a school, recreation center or youth center (unless the use occurs within a residence);

• on a school bus; or

• in a moving motor vehicle or boat.

 

 

General Provisions

 

A patient must have on his/her possession a state-issued medical marijuana identification card (or doctor's recommendation) at all times.  If a patient possesses a valid medical marijuana identification card, and observes the above guidelines, he/she shall not be subject to criminal prosecution under state law, and no marijuana may be seized by the police.  However, if a patient possesses a valid medical marijuana identification card and exceeds the possession guidelines set forth above, all marijuana possessed by such patient may be seized by the police.

 

The complete text of the MMP may be found in California Health and Safety Code Sections 11362.7 to 11362.83. 

 

 

Federal Law

 

Under the Federal Controlled Substances Act, enacted in 1970, it is unlawful to manufacture, distribute, dispense, or possess any controlled substance, including medical mariuana.

 

In August 2013, the U.S. Attorney General's office issued a Memorandum Re: Guidance Regarding Marijuana Enforcement wherein it enumerated eight priorities, which would guide enforcement activities, including criminal investigations and prosecutions in states that authorize marijuana use in some form, including California.  These enforcement priorities include the following:

 

• Preventing the distribution of marijuana to minors;

• Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs and cartels;

• Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;

• Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;

• Preventing violence and the use of firearms in the cultivation and distribution of marijuana;

• Preventing drugged driving and the exacerbation of other adverse public health consequences associated with the marijuana use;

• Preventing the growing of marijuana on public lands; and

• Preventing marijuana use and possession on federal lands.

 

For more information concerning the rights, obligations and potential criminal liability of patients and caregivers under applicable law, please consult an attorney.