California: Frequently Asked Legal Questions
ASA has been supporting the CA medical cannabis community since 2002. The following is a list of our most frequently asked questions.
In This Section
If you are in custody, or on probation, parole, or diversion program, it is up to the discretion of the correctional facility supervisor, probation officer, or case manager whether or not you can use medical marijuana.
The rights of medical marijuana patients in the removal, dependency, and child custody contexts are still unresolved. Defending your rights can be very difficult, especially because many people in the system, including Child Protective Services (CPS) workers, attorneys, and judges can be biased against parents who are medical marijuana patients.
Unfortunately, employers can legally refuse to hire you if you use medical marijuana, even if you are a legal patient. An employment rights bill for patients passed the CA legislature in 2008, but was vetoed by Governor Schwarzenegger. If you are currently employed, you do have limited protections against termination.
SB 420 does not directly address the rights of medical marijuana patients as tenants, and that piece of law has yet to be fleshed out in the courts. Tenants rights are governed by landlord/tenant law. In a rental situation there is a much greater likelihood of your landlord having issues with on-site marijuana cultivation as compared to possession and use alone.