Health and Safety Code 11362.7

California Health and Safety Code 11362.7 outlines the Definition of Terms Used with Medical Marijuana Programs.


An Attending Physician – is defined as:


Someone who holds a certified and valid license


The license has no suspensions or has not been revoked


  • The physician’s license was awarded by the Medical Board of California
  • The Osteopathic Medical Board of California also has the power to issue a valid license for osteopathy
  • The Attending Physician has performed an evaluation of a patient’s medical condition
  • The Attending Physician has the responsibility to treat, care, diagnose, or refer a patient to a specialist
  • This Attending Physician can determine if the patient would benefit from medical marijuana use


Department – in court lingo, the “Department” is made in direct reference to the State Department of Health Services.


Medical Marijuana ID – is issued under Proposition 215, or the Compassionate Use Act of 1996. Someone who holds in their possession this ID, is referred to as “Person with an identification card.”


Primary Caregiver – is someone who is assigned to take care of a patient or a “Person With An ID Card”. These definitions are important because it exempts these individuals from being prosecuted for marijuana possession, cultivation or manufacturing cases. A caregiver could also be someone who provides a home to the patient in this instance.


It could be:


  • In a clinic of the caregiver assigned to the patient
  • In a health care facility or hospice
  • In a residential care facility dedicated to individuals with terminal illnesses
  • In a home health agency
  • At the residence of the patient


Other stipulations of this section of California Health and Safety Code 11362.7 include that the primary caregiver should be at least eighteen years old, with the exception that the caregiver is a parent of the person with the ID card. It could also be a caregiver responsible for making a choice on treatments for loved ones under California family codes.


Qualified Patient – refers to someone who has not been authorized with this identification card discussed above. However they are permitted to use marijuana as per the waivers stipulated in California Health and Safety Codes. The qualified patient could have a terminal or serious illness such as:


  • AIDS
  • Anorexia
  • Arthritis
  • Cancer
  • Glaucoma
  • Migraine
  • Muscle Spasms that are unrelenting
  • Seizures like those stemming from epilepsy
  • Severe nausea


A qualified patient could also be someone who suffers from a condition that hinders their capability to perform standard activities, as outlined in the Americans with Disabilities Act of 1990. These conditions can extend to a breakdown of their health, whether this is physically or mentally, and as such, their symptoms would need to be eased from some form of medical treatment like marijuana.


Written Documentation – are truthful representations of a qualified patient’s medical records. These records would have been created by the Attending Physician defined above.


If you are facingĀ Marijuana possession charges or any related offense, the Orange County criminal defense attorneys at MacGregor & Collins can help you. We will bring superior legal experience to aid you in this challenging time. Call us today at (949) 250-6097.

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