LOCAL MEDICAL
MARIJUANA POLICIES
In Humboldt, Mendocino and Trinity Counties
Updated
05/31/07
This information is not to be construed as
legal advice, which can only come from a lawyer.
Proposition
215, passed by 56% of the voters of California in 1996 and now, along
with SB420, codified in Ca
Health and Safety Code section 11362.5 (et seq.) contained no limits on
the numbers of plants or amount of marijuana a patient or their caregiver
may cultivate or possess, as long as a doctor recommended or approved it.
Courts began to establish reasonable personal use amounts that were acceptable
to juries, and these coupled with DEA yield studies resulted in recommendations
from Safe Access Now for science-based prosecutorial guidelines of 100 square
feet of plant canopy and 3 lbs. of dried marijuana bud per patient.
SB420,
a law passed by the California legislature that came into effect on January
1, 2005, established a voluntary ID card program for patients and caregivers and statewide
default limits of 8 ounces plus 6 mature plants or 12 immature ones, with
the proviso that cities and counties could enact overages to those limits.
SB420 is being challenged on constitutional grounds, since California
Constitution Article 2, Section 10c states the legislature cannot amend
an initiative statute without voter approval. Arugably, only those patients
who sign up for ID cards are bound by SB420's limits.
SB420
contains protections for patient/caregiver collectives and for transportation
of medical marijuana. The California Highway Patrol has acknowledged that
it will uphold state and city/county guidelines for those with an ID card;
CHP officers must "use sound professional judgment to determine the validity
of the person's medical claim" if presented with a doctors' recommendation
instead of a card.
The LA Airport police now
have a written policy stating, "It is the policy of the Los Angeles
Airport Police Division to ensure that individuals in possession of verified
Medical Marijuana Identification Cards, pursuant to Section 11362.71 H&S,
shall not be detained longer than necessary to verify the information on the
Identification Card nor shall their prescribed quantity of marijuana be confiscated."
In addition to LAX, LA Airport police also enforce the Ontario, Van Nuys and
Palmdale airports.
Although
the federal government has ruled that marijuana has no medical value and the
Supreme Court has upheld their right to prosecute medical users, the US
government continues to supply patients in the IND (Investigational New Drug)
program with 6 lbs. or more yearly by US mail, sent monthly in tins containing
300 joints. Article 3, Section 3.5 of the California constitution states a
state agency may not refuse to enact a state law on the basis of a conflict
with federal law. In practice, federal officials rarely prosecute cases with
less than 1000 plants.
It is
important to stress that these numbers are guidelines only and any amount
could be argued for in court; in addition, a physician may recommend amounts
over these guidelines.
HUMBOLDT COUNTY
BOARD OF SUPERVISORS (BOS) unanimously passed an
ordinance on July 13, 2004 exempting patients and caregivers from laws
relating to possession and cultivation of marijuana for personal medical purposes
on the written or oral recommendation or approval of a physician. (It defines
"attending physician" in part as one who conducts a physical examination
before recording assessment of serious medical need.) It sets 3 pounds of
dried bud as a reasonable amount (unless more is recommended by physician),
a maximum of 100 sq.ft. canopy, but no plant numbers. This does not affect
cities, tribes, or federal or state jurisdictions in the County.
The ordinances states that the BOS "desires that law
enforcement personnel not arrest and leave unmolested" qualified patients,
care-givers, compliant gardens and supplies. Under the ordinance, law enforcement
personnel must compensate qualified persons for any amount of medical marijuana
which is seized and subsequently ordered returned by a court.
DISTRICT
ATTORNEY and SHERIFF'S OFFICE are in accord with above.
HEALTH & HUMAN SERVICES DEPT. offers an application
process for a County Proposition 215 ID card ($40 fee). They verify your
recommendation with your physician. ID cards are NOt required to exercise your
rights. As of September 2006, the county will not keep patient or doctor
information on file once a state ID card is issued. No information other than a
photo and ID number are sent to the state.
ARCATA is in accord with Humboldt BOS.
EUREKA, TRINIDAD & FORTUNA POLICE DEPARTMENTS are in
accord with Ca SB420 default limits of 8 ounces plus 6 mature plants or 12
immature ones.
CITY OF RIO DELL - POLICE DEPT. enforces "reasonably
construed" personal use amounts, inquires of an individual possessing or
cultivating marijuana if they are claiming medicinal purposes. Requires
patients to be CA residents and to give a written waiver to release all related
medical records.
MENDOCINO
COUNTY - FORMER DISTRICT
ATTORNEY set cultivation limit at no more than 100 sq.ft., and 2 lbs of processed
bud. Measure G, passed by Mendo voters, allows 25 plants for any use.
SHERIFF'S OFFICE is in accord with above.
WILLITS -
POLICE follow CA state "default" limits of 8 ounces plus 6 mature
plants or 12 immature ones.
TRINITY
COUNTY - SHERIFF'S OFFICE
was using guidelines of 12 plants of any size, indoors or outdoors, and 1
lb. of dried bud, but Sheriff Lorrac Craig informed CLMP on 5/30/07 he has
reverted to SB420 minimum guidelines (12 immature plants, 6 mature and 8 oz.
bud) after taking the issue to the Board of Supervisors, which took no action
(no one from the community addressed the issue.) The sheriff told CLMP he
would support more liberal guidelines should an ordinance be passed.
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