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Old 11-03-2009, 01:31 PM   #1 (permalink)
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ASA Legal Tip of the Month (Sept 09)

September 2009:
Traveling and Medical Marijuana



You and your doctor have figured out that a good treatment option for your particular ailment is marijuana. You get a recommendation from your doctor and you go along your merry way.



When you are “out and about,” whether that’s walking around, riding on mass transit, or driving, you have the right, under California law, to carry medicine with you if you are a patient with a recommendation. Be sure to carry a copy of your recommendation with you ANY time you have your medicine with you. Even though you would be able to defend yourself if you ended up being charged, it’s easier to just avoid being charged in the first place.



Many doctors’ offices issue a “card” along with their recommendation. This card is NOT your recommendation, and law enforcement often choose not to recognize the card and still issue a citation for possession. The written recommendation that your doctor issued to you is what protects you under California law, so to avoid any hassle, you should always carry this with you. Keep the original document in a safe place, and be sure to always keep a copy wherever your marijuana is present.



The State ID program is voluntary, and not yet available in every county. If the program is available where you live, and you have the means to get one, we recommend that you do so. The ID shows law enforcement that your recommendation has already been verified, which is especially useful if you have an encounter at a time when your doctor’s office is closed. Information is available at your local Department of Public Health or at http://www.cdph.ca.gov/services/Pages/MMPCounties.aspx.

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