Holistic Pain Management Institute - & Cannabis Buyers Collective
Frequently Asked Questions

Is this legal?

Yes, if you have an current doctor's recommendation, you live in California, and you become a member of a collective.


What is the California state guideline regarding the amount of medical marijuana allowed per patient?

SB 420 Statewide Default Patient Guidelines: To be as safe as possible from arrest and prosecution, patients and caregivers should stay below the medical marijuana immunity law passed by the California legislature, HS 11362.77, which sets a minimum statewide guideline of 6 mature plants OR 12 immature plants AND up to 8 ounces of processed cannabis flowers. A physician's note exempts larger amounts. Cities and counties are empowered to set guidelines that are greater than those amounts, but not less. This is explained in an open letter from the authors of the bill. Also see the Supreme Court's Wright decision at chrisconrad.com/expert.witness/wright.html.

In a state supreme court ruling, People v. Kelly (2010), the court held that patients can NOT be prosecuted simply for exceeding the SB 420 limits; however, they can be arrested and forced to defend themselves as having had an amount consistent with their personal medical needs.


Can I legally grow marijuana?

In California, as a legitimate patient or caregiver, you are entitled to grow a reasonable amount for patient use only.
There is no reason that anyone, living in California, who is in possession of a doctor's recommendation for medical marijuana would not qualify for membership into one of the collectives. Proposition 215 allows for any patient with a doctor's recommendation  to use, possess or cultivate marijuana for medical purposes.
 
How does Prop 215 protect me in California?

Applicable only to CA residents, an Affirmative Defense is your best recourse for defending your rights as a U.S. Citizen.

Am I protected under any other law?

For out of state residents, the Federal Government the Necessity Defense applies.

The U.S. Federal Government presently serves eight patients annually with as much as 6 lbs. of pre-rolled marijuana cigarettes. This comes to about 300 pre-rolled marijuana cigarettes per months under IND (investigational New Drug Program).

These states have expressly addressed the issue of palliative care, usually allowing some medicinal uses of marijuana in derogation of controlled substances prohibitions