   |
          
|
PROPOSITION 215 ENFORCEMENT GUIDELINESState Default Guidelines - Health and Safety Code 11362.77 (a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient. (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs. (c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a). (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section. Under current state law, Prop. 215 patients are protected from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana. However, counties and cities are authorized to establish higher but not lower quantities than the state limits allow. If your county has not policy, you should assume your county adheres to the state guidelines as required by law. Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more. Under SB 420, patients are not legally protected from arrest unless they have an official state ID card issued by the State Dept of Health. Unfortunately, the Dept. of Health has been slow to implement the law. Visit the state Medical Marijuana Program website for more information on the implementation of the ID card program. In the meantime be aware, some law enforcement officials have a policy of arresting patients or confiscating medicine regardless of whether you are within the SB 420 limits. Currently, patients who exceed the limits risk being arrested and having to defend themselves in court. Any patient who needs more than the limits is strongly advised to obtain a physician's exemption. Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields. In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215. Most important is that Federal law does not recognize medical marijuana. Therefore, the Federal government has the power to prosecute cases even if they are legal under state law. Disclaimer: Since governmental polices continually change regarding medical marijuana, you should check with your local government officials regarding the current medical marijuana policy in your community. Visit Safe Access Now for more information. CITY GUIDELINES Arcata: 10 plants + 2 lbs dried. Berkeley: up to 10 plants and 2.5 lbs per patient; collectives up to 50 plants and 12.5 lbs total at any given time. Caregiver amounts calculated on the above numbers per patient served. Oakland: Up to 72 plants with up to 32 square feet of canopy and 2.5 lbs dried marijuana per patient. Caregiver amounts calculated on the above numbers per patient served. Collectives not to exceed three patient members. San Diego (also Chula Vista): City Council guidelines allow up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses. San Francisco: Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient.: City ordinance establishes ID card system run by SF Health Department (415) 554-2890 for residents of S.F, San Mateo, Santa Clara, Marin, Sonoma counties. Santa Cruz: No quantity guidelines; city ordinance regulates cannabis clubs, allows physician's diagnosis for recommendation. Sebastopol: Safe Access Guidelines, same as the County of Sonoma. For more information, contact Sonoma Alliance for Medical Marijuana; letter to DA asks to protect patients with 4.5 lbs. and 150 sq ft of garden canopy. San Jose: No quantity limits are established. Officers will not cite or arrest physicians, primary caregivers, or patients possessing or using marijuana for legitimate medicinal purposes in accordance with 11362.5 H&S. Santa Rosa: Safe Access Guidelines, same as the County of Sonoma. For more information, contact Sonoma Alliance for Medical Marijuana. COUNTY GUIDELINES Alameda: 6 mature plants OR 12 immature plants AND 8 ounces of bud Alpine: 6 mature plants OR 12 immature plants AND 8 ounces of bud Amador: 6 mature plants OR 12 immature plants AND 8 ounces of bud Butte: 6 mature plants OR 12 immature plants and 1 lb processed Calaveras: 6 mature plants OR 12 immature plants and 2 lbs Colusa: No firm policy; case by case review; 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.5 lbs processed. Contra Costa: 6 mature plants OR 12 immature plants AND 8 ounces of bud Del Norte: County adopted Sonoma cultivation guidelines with maximum 100 square feet cultivation area and 99 plants or fewer; 1 lb possession limit. El Dorado: Outdoors: 20 plants March 1 through July 31; 10 plants through October (end of season) and 2 lbs bud from 9/1 to 2/28; 1 lb from 3/1 to 8/31. Indoors: 10 vegetative plants, 1 mother plant, 10 flowering plants and1 lb bud per patient. Caregivers can take care of household plus three outside patients. Fresno: 6 mature plants OR 12 immature plants AND 8 ounces of bud Glenn: 6 mature plants OR 12 immature plants AND 8 ounces of bud Humboldt: County guidelines allow patients three pounds of bud or conversion plus 100 square feet of garden canopy, no limit on plant numbers or lamp wattage. Caregiver amounts calculated per patient served. City of Eureka PD and CHP enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb). Patient ID cards available for county residents from Dept. of Public Health (707)268-2185. Imperial: 6 mature plants OR 12 immature plants AND 8 ounces of bud Inyo: 6 mature plants OR 12 immature plants AND 8 ounces of bud Kern: 6 mature plants OR 12 immature plants AND 8 ounces of bud. Lake: 6 mature plants OR 12 immature plants AND 8 ounces of bud Lassen: 6 mature plants OR 12 immature plants AND 8 ounces of bud Los Angeles: 6 mature plants OR 12 immature plants AND 8 ounces of bud Madera: 6 mature plants OR 12 immature plants AND 8 ounces of bud Marin: No limit on amounts, county ID cards honored by all law enforcement. Patient ID cards available from Dept of Health (415) 499-3288. Mariposa: 6 mature plants OR 12 immature plants AND 8 ounces of bud Mendocino: 25 plants in no more than 100 sq ft, 2 lbs. processed marijuana per patient. Patient ID cards available for country residents from Sheriff's Dept (707) 463-4411. Merced: 6 mature plants OR 12 immature plants AND 8 ounces of bud Modoc: 6 mature plants OR 12 immature plants AND 8 ounces of bud Mono: 6 mature plants OR 12 immature plants AND 8 ounces of bud Monterey: 6 mature plants OR 12 immature plants AND 8 ounces of bud Napa: 6 mature plants OR 12 immature plants AND 8 ounces of bud Nevada: 10 plants (not to yield more than 2 lbs); 2 lbs processed marijuana. Orange: 6 mature plants OR 12 immature plants AND 8 ounces of bud Placer: 6 mature plants OR 12 immature plants AND 8 ounces of bud Plumas: 6 mature plants OR 12 immature plants AND 8 ounces of bud Riverside: 6 mature plants OR 12 immature plants AND 8 ounces of bud Sacramento: 6 mature plants OR 12 immature plants AND 8 ounces of bud San Benito: 6 mature plants OR 12 immature plants AND 8 ounces of bud San Bernardino: 6 mature plants OR 12 immature plants AND 8 ounces of bud San Diego (also Chula Vista): City Council guidelines allow up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses. San Francisco: Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient.: City ordinance establishes ID card system run by SF Health Department (415) 554-2890 for residents of S.F, San Mateo, Santa Clara, Marin, Sonoma counties. San Joaquin: 6 mature plants OR 12 immature plants AND 8 ounces of bud San Luis Obispo: 6 mature plants OR 12 immature plants AND 8 ounces of bud San Mateo: 6 mature plants OR 12 immature plants AND 8 ounces of bud Santa Barbara: 6 mature plants OR 12 immature plants AND 8 ounces of bud Santa Clara: 6 mature plants OR 12 immature plants AND 8 ounces of bud Santa Cruz: County guidelines allow cultivation of up to 100 sq ft of canopy and 3 lbs of marijuana. County ID cards available from the Health Dept (831) 454-3431. Shasta: 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.33 lbs processed. Sierra: 6 mature plants OR 12 immature plants AND 8 ounces of bud OR quantity approved by physician. Siskiyou: 6 mature plants OR 12 immature plants AND 8 ounces of bud Solano: 6 mature plants OR 12 immature plants AND 8 ounces of bud Sonoma: DA's guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 25 plants or fewer (effective Feb 10, 2006). Patients may have recommendations approved through Sonoma Medical Association. Caregiver amounts calculated per patient served. Physician's approval if more is needed. For more information contact Sonoma Alliance for Medical Marijuana. Stanislaus: 6 mature plants OR 12 immature plants AND 8 ounces of bud Sutter: 6 mature plants OR 12 immature plants AND 8 ounces of bud Tehama: 18 immature plants OR 6 mature plants, and up to 3 lbs processed. Trinity: 6 mature plants OR 12 immature plants AND 8 ounces of bud Tulare: 6 mature plants OR 12 immature plants AND 8 ounces of bud Tuolumne: 6 mature plants OR 12 immature plants AND 8 ounces of bud AND 8 ounces of bud. Ventura: 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1 lb dry bud. Yolo: 6 mature plants OR 12 immature plants AND 8 ounces of bud Yuba: 6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.5 lbs processed Free Same Day ConsultationOur firm has handled many medical marijuana cases; had many cases dismissed and won acquittals for our clients. Call The Law Office of Peter B. Tiemann at (530) 621-2400 or (916) 941-7300. Our Northern California offices are conveniently located in Sacramento and El Dorado Counties. We accept all major credit cards. Please call my office to schedule a free initial consultation. You will be trusting your case to a proven Medical Marijuana defense firm! |
News and Info6/30/2009 - Registration for Medical Marijuana Free Same Day Consultation
(530) 621-2400 Call 24 Hours a Day
Affordable Fees Our BlogsSacramento Criminal Defense Please Contact Us about your case. |
DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. The posts and opinions expressed on this website are solely the personal opinions of The Law Offices of Peter B. Tiemann. They do not represent or reflect (nor are they intended to represent or reflect) the positions, opinions, viewpoints, policies and/or statements of any entity in which the Law Offices has any ownership interest, with which they have any contractual or other legal relationship, or which is, was or might be the Law Offices client or customer. This website is not intended to be an advertisement or solicitation for legal services. The choice of a lawyer is an important decision and should not be based solely upon advertisements. Disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation. You may wish to consult your lawyer or another lawyer instead of the Law Offices. The exact nature of your legal situation will depend on many facts not known to the Law Offices at this time. You should understand that the advice and information in this solicitation is general and that your own situation may vary.
Copyright © 2009 Peter B. Tiemann, APC