GUIDELINES FOR THE SECURITY AND NON-DIVERSION
OF MARIJUANA GROWN FOR MEDICAL USE
In 1996, California voters approved an initiative that exempted certain patients and their
primary caregivers from criminal liability under state law for the possession and cultivation of
marijuana. In 2003, the Legislature enacted additional legislation relating to medical marijuana.
One of those statutes requires the Attorney General to adopt “guidelines to ensure the security and
nondiversion of marijuana grown for medical use.” (Health & Saf. Code, § 11362.81(d).1
fulfill this mandate, this Office is issuing the following guidelines to (1) ensure that marijuana
grown for medical purposes remains secure and does not find its way to non-patients or illicit
markets, (2) help law enforcement agencies perform their duties effectively and in accordance
with California law, and (3) help patients and primary caregivers understand how they may
cultivate, transport, possess, and use medical marijuana under California law.
I. SUMMARY OF APPLICABLE LAW
A. California Penal Provisions Relating to Marijuana.
The possession, sale, cultivation, or transportation of marijuana is ordinarily a crime under
California law. (See, e.g., § 11357