Despite the fact that scores of medical cannabis dispensaries, clubs, and delivery services are currently in business in California, the sale of medical cannabis is strictly illegal under federal law. Under state law, sale is generally illegal except in narrowly defined circumstances. In particular , non-profit "distribution" is allowed in certain cases for patient cultivation co-ops and small-scale caregiver gardeners.
Under federal law, sale, cultivation and possession of marijuana remain strictly illegal. The DEA has raided dozens of medical marijuana growers, clubs and caregivers in California since the enactment of Prop. 215. For the most part, the targets have been either high-profile activists who have attracted publicity, or commercial-scale growers whom local law enforcement have decided to turn over for federal prosecution.
[FONT=Verdana, Arial, Helvetica, sans-serif]A "primary caregiver" is narrowly defined under Prop. 215 to be "the individual designated [by a legal patient] who has consistently assumed responsibility for the housing, health, or safety of that person." The law does not explicitly allow for multiple caregivers. [/FONT][FONT=Verdana, Arial, Helvetica, sans-serif]While caregivers may serve more than one patient, a new provision in SB 420 has made it illegal for them to have more than one patient outside their own "city or county." While the constitutionality of this provision is debatable (not only does it seem to override Prop. 215, but the restriction to a single "city or county" is ambiguous) prospective caregivers should beware of trying to serve large geographical areas. [/FONT]
[FONT=Verdana, Arial, Helvetica, sans-serif]In general, the courts have held that cannabis clubs cannot serve as legal "primary caregivers" for large numbers of patients. Some persons have claimed caregiver status while growing for multiple numbers of patients on the theory that they are providing for their patients' health or safety. This defense has been successful in court for caregivers growing for small numbers of patients. However, it was explicitly rejected by a state court of appeals in the Peron decision, where the court held that Peron's San Francisco Cannabis Buyers' Club could not reasonably claim to function as a "primary caregiver" for its 8000 clients. [/FONT]
