Sandercock

DISCUSSION

In November 1996, the voters approved Proposition 215, enacting the CUA, now codified as section 11362.5. The purposes of the CUA are: to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where recommended by a physician; to ensure such patients and their caregivers are not subject to criminal prosecution; and "[t]o encourage the federal and state governments to

3 The instruction does not appear of record, but Sandercock and the Austins do not dispute its wording. After oral argument they assert, for the first time in a supplemental brief, that the record is insufficient for a consideration of the instruction. Suffice it to say, their argument is not timely.

3 implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana." (§ 11362.5, subd. (b)(1)(C).) The CUA provides that "[s]ection 11357, relating to the possession of marijuana, and [s]ection 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient…