EDITOR'S NOTE: It is important to note that Proposition 215, enacted by the voters of California in 1996 and now contained in Ca Health and Safety Code 11362.5 contained no plant or processed marijuana limits, nor did it have any requirement for identification cards. 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. Furthermore, 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. Local jurisdications have enacted prosecutorial guidelines, which are not legal limits; amounts outside of those guidelines may be defensible in court. The district attorneys and sheriffs of Mendocino and Humboldt counties have said publicly that they are no longer considering plant numbers but rather relying on square footage measurements. None of this is to be construed as legal advice, which can only come from a lawyer.

On Jan. 1, 2005 SB420's "default" limits for the State of California were put into effect. Every medical marijuana patient (or caregiver) anywhere in the State of California can have 8 ounces of bud marijuana and 6 mature or 12 immature plants. If your medical needs are greater than this, you can have as much as you need with your physicians' documentation. Counties and cities can set their own limits above this amount (but not lower). [Prop 215 voters did not specify limits.]

HUMBOLDT COUNTY

BOARD OF SUPERVISORS added an ordinance to County Code in Aug.'04 to implement CaH&S 99361.5 and CaSB420: It exempts 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 lbs 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.

SHERIFF'S OFFICE is in accord with above.

DISTRICT ATTORNEY'S OFFICE is in accord with above but limits number of plants to 99, and limits watts to 1500 for indoor. D.A. recommends posting and carrying documentation, and also reminds law enforcement that a physician can recommend marijuana for "any illness for which marijuana provides relief," and that patient/physician communications are privileged and do not have to be waived.

HEALTH & HUMAN SERVICES DEPT. offers an application process for a County Proposition 215 ID card ($40 fee). They verify your recommendation with your physician.

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. If so, requires patients to be CA residents, have a valid prescription or medical card, and to give a written waiver to release all related medical records.

ARCATA is in accord with the D.A.'s office.

EUREKA, TRINIDAD & FORTUNA POLICE DEPARTMENTS are in accord with Ca SB420 default limits (and have no written policies).

MENDOCINO COUNTY

SHERIFF'S OFFICE offers application process for 215 ID cards, verifies physicians recommendations, does not ask for disclosure of specifics but that the medical condition meets specifications of H&S Code 11362.5.

DISTRICT ATTORNEY sets plant limit at 25, but no more than 100 sq.ft., and 2 lbs of processed bud. Anything in excess of this will be reviewed.

WILLITS

POLICE follow CA state "default" limits.

TRINITY COUNTY

SHERIFF'S OFFICE follows criteria from the CA Dept. of Justice Advanced Training Center: 2 outdoor plants or 6 indoor plants (3 in flowering and 3 in growing stages) and 1.33 lbs. of dried processed buds. The patient's recommendation from a primary care physician should include the illness which requires marijuana, the recommended dosage, quantity, and frequency of usage, and an annual renewal with duration of recommendation noted.