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California medical marijuana guidelines
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[SIZE=-1]Patients can have any amount of cannabis consistent with their personal medical needs. Patients and caregivers with a state-issued ID card are immune from arrest and allowed to possess the amounts below. Patients and caregivers without a state-issued ID card are subject to case-by-case scrutiny. Patients keep their right to defend gardens and dosages of any amount in court. However staying within local guidelines significantly reduces the likelihood that a patient or caregiver will face legal problems. We recommend that you stay comfortably below the upper limits. Click here to see the CA Attorney General's guidelines for medical marijuana. [/SIZE]
Other States' medical marijuana laws: click here
California's Local Guidelines
These limits are not legally binding, other than for purposes of immunity from arrest and prosecution; they are floor amounts intended to provide a safe harbor of immunity for any patient with a bona fide recommendation to be presumed in compliance with California Health and Safety Code HS 11362.5 (Prop 215), as long as there is no indicia of sales or commercial production. The affirmative defense remains for patients in possession of larger amounts.
Collectives and patients charged with intent to sell should take note of special provisions in HS 11362.7. Larger amounts may be authorized by local cities or counties.
[SIZE=+1]SB 420 Statewide Default Patient Guidelines[/SIZE][SIZE=+1]
:[/SIZE] To be as safe as possible from arrest and prosecution, patients and caregivers should stay below the medical marijuana immunity law passed by the California legislature, HS 11362.77, which sets a minimum statewide guideline of
6 mature plants OR 12 immature plants AND up to 8 ounces of processed cannabis flowers. Physician's note exempts larger amounts. Cities and counties empowered to set guidelines that are greater than those amounts, but not less.
This is explained in an open letter from the authors of the bill. Also see
the Supreme Court's Wright decision at chrisconrad.com/expert.witness/wright.html.
To learn more about the history of implementation and malfeasance towards California's medical marijuana laws, visit ccrmg.org/projects.html
The California Attorney General has issued his own set of guidelines. These are not binding law, but give an idea of how prosecutors will consider the circumstances of a medical marijuana patient or garden.
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Federal law [/SIZE]
does not recognize medical marijuana and the Raich decision affirmed their power to prosecutes cases that are legal under state law. Federal law does not "trump" state law, it is a seperate jurisdiction.
Cannabis guidelines adopted by Cities
City of Arcata
Ordinance: ID card system maintained by Chief of Police. 10 plants + 2 # dried.
City of Berkeley
Ordinance: 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.
City of Oakland
Ordinance: Indoors -- Up to 72 plants with up to 32 square feet of canopy and 3 # dried bud. Caregiver amounts calculated on the above numbers per patient served. Outdoors -- 20 plants at any stage of developmen and 3 # dried bud.
Effective June 1, 2004: Collectives not to exceed three patient members. Only four licensed dispensaries to be allowed by the City. Dispensaries limited to 8 ounces and 6 mature plus 12 immature plants per patient member at any given time. No on-site consumption allowed.
Original policy from 1998: Outdoors - 30 mature plants (60 if less than 30 are flowering); Indoors 144 -- 48 mature plants + 96 immature vegetative and/or 1.5 # or 6 # (if patient grew).
City of San Diego
Still in development: Current version 9/17/03: Adult marijuana patients with the approval of a San Diego County doctor may keep up to 1 pound of marijuana and grow up to 24 plants. Under the measure, caregivers can keep up to 2 pounds of marijuana and grow up to 48 plants for as many as four patients.The ordinance must come back for a final vote, as a procedural matter, to be enacted.
City of 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. Standards of reasonableness in deciding enforcement issues are similar to those in needle or drug possession cases where a prescription is claimed or in a gun possession case where a permit is claimed. It should be kept in mind that mere oral approval by the physician is all that is necessary to comply with the law. Standards of probable cause for a vehicle search, person search, arrest, or a search warrant request should take into account known facts regarding the permitted uses of marijuana under Proposition 215.
City of Santa Cruz
No quantity guidelines; city ordinance regulates cannabis clubs, allows physician's diagnosis for recommendation.
City of Santa Rosa
Ordinance: Safe Access Guidelines, same as the County of Sonoma. For more information, contact
Sonoma Alliance for Medical Marijuana.
City of Sebastopol
Ordinance: 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# and 150 square feet of garden canopy.
On 3/17/09, in an unanimous vote Sebastopol City Council approved the following four changes to the Medical Marijuana Dispensing Ordinance: 1. Extend hours of operation to 9 pm from 8 pm, Sunday through Thursday and 7 pm, Friday and Saturday; 2. Add the use of the California State Medical Marijuana Identification card and Patient ID Center Identification card as proof of patient status; 3. Remove the 30 immature plant limitation from retail sales; 4. Allow 150 sq. ft. for display and sale of medical use devices
Guidelines Adopted in Various Counties
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 Co. Sheriff and DA jointly stipulate:
6 mature plants OR 12 immature plants and one pound of processed. (Formerly 6 plants at any stage).
Butte County DA Policy
Calaveras Co. Board of Supervisors ordinance:
6 mature plants OR 12 immature plants AND 8 ounces of bud. Two pound safe harbor dropped by
Supervisors' vote 3/27/06.
Colusa Co. No firm policy; case by case review;
6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.5 # processed. (Formerly 2 plants outdoors or 4 plants indoors)
Contra Costa:
6 mature plants OR 12 immature plants AND 8 ounces of bud
Del Norte Co. Current status remains unclear, so SAN is advising everyone to follow the state minimum guidelines for maximum safety.
6 mature plants OR 12 immature plants AND 8 ounces of bud. After the local newspaper led a hysteria campaign, it appeared that the County Sups were going to throw out their guidelines (following); but when the "Kelly" ruling struck them down as unconstitutional and then the Supreme Court decided to hear the case, the plan was put into limbo. Originally: County Resolution 2002-029, adopted April 2002 allows up to 100 square feet with no more than 99 plants and up to 1# dried bud.
El Dorado: Outdoors: 20 plants March 1 through July 31; 10 plants through October (end of season) and 2 # bud from 9/1 to 2/28; 1 # from 3/1 to 8/31. Indoors: 10 vegetative plants, 1 mother plant, 10 flowering plants and1 # bud per patient. Formerly 6 plants and / or 2 pounds processed. Caregivers can take care of household plus three outside patients. Also see the DA policy here
El Dorado County DA Policy
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 Board of Supervisors policy as a PDF file (220k) approved taskforce proposal of 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.
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.
King:
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:
6 mature plants OR 12 immature plants AND 8 ounces of bud, county ID cards honored by all law enforcement.
Formerly:
6 mature plants OR 12 immature plants AND 8 ounces of bud (lowest in the state and apparent basis for
HS11362.77).
Mariposa:
6 mature plants OR 12 immature plants AND 8 ounces of bud
Mendocino: In 2008, County voters passed Measure 'B' to revert to the statewide minimum guidelines of
6 mature plants OR 12 immature plants AND 8 ounces of bud. It was suspended for several months while the question was on appeal but has again been implemented pending the results of the Kelly case appeal, now before the State Supreme Court.
Previous policy: Sheriff and DA policy based on Voter Proposition G: 25 plants with up to 100 square feet of canopy and 2# bud. In August, 2004, the DA announced that the county will no longer enforce plant limits, only square footage.
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: 6 mature plants OR 12 immature plants any size, or in the alternative, 75 square feet of total canopy area AND up to 2# bud. Collectives to keep copies of all patient's recommendations available for inspection.
Download the Nevada County Policy (404k PDF) or read info for patients online at this site:
co.nevada.ca.us/dsweb/Get/Document-434511
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:
6 mature plants OR 12 immature plants AND 8 ounces of bud
San Francisco: Patient and caregiver ID cards issued by county Health Department; no patient guidelines. Case by case consideration, generally contingent on police claims of indicia of illegal sales or diversion to non-medical market. Patient guidelines adopted in 2005 set the immunity threshold at 24 plants/patient plus 8 oz, with a 25 sq. ft. canopy, and 99 plants per collective. The personal use guidelines can be found on page 44 of
the online policy, so click here to download in PDF format.
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:
Board of Supervisors PDF file (188k) approved physician's taskforce proposal of three pounds of bud or conversion plus 100 square feet of garden canopy, no limit on plant numbers or lamp wattage.
Shasta:
6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.33# processed. Formerly: Sheriff, DA and local police chiefs: 2 plants outdoors or 6 plants indoors (3 flowering/3 vegetative)
Sierra:
6 mature plants OR 12 immature plants AND 8 ounces of bud OR quantity approved by physician Formerly: 3 plants outdoors OR 6 plants indoors .
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:
County policy: Up to 30 (formerly 99) plants with up to 100 square feet of garden canopy and up to 3# of bud.
The guidelines were adopted by the Sonoma County Law Enforcement Chiefs Association, which includes the DA, Sheriff, and police chiefs from several towns and cities in the county. The guidelines were later ratified by the Santa Rosa and Sebastopol city councils. Protocol to review recommendations through Sonoma Medial Association. Caregiver amounts calculated per patient served. Physician's approval if more is needed. For more information contact Sonoma Alliance for Medical Marijuana.
A. Possession. A qualified patient, or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana of up to three (3) pounds of dried cannabis or conversion per year.
B. Cultivation. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may also cultivate cannabis in an amount not to exceed more than one-hundred (100) square feet total garden canopy, per qualified patient, as measured by the combined vegetative growth area.
C. Plants. A qualified patient or a person holding a valid identification card or a designated primary caregiver, or primary caregivers or qualified patients whom associate collectively or cooperatively, may cultivate cannabis in an amount not to exceed more than thirty (30) plants per qualified patient. The authorized thirty (30) plants must be grown within the one-hundred (100) square foot total garden canopy per qualified patient.
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: On Sept. 27, 2005, the County Board of Supervisors adopted Resolution No. 98-2005 that establishes Outdoor Cultivation: 12 seedlings or 6 flowering or mature plants, and 8 ounces dried marijuana. Indoor Cultivation: 12 seedlings or 6 flowering or mature plants, and 8 ounces dried marijuana. If the above quantities are not exceeded, the documented medicinal marijuana cultivator and possessor is in compliance with the standards set forth by this (sheriff's) agency and the investigation will not be submitted for prosecution.
Click here for PDF of full policy.
Original Sheriff's policy: 18 immature plants OR 6 mature plants, and up to 3# processed. http://co.tehama.ca.us/clerk_pdf/9-27MIN.pdf
Trinity: On 6/12/08 the board of Supervisors voted to step backward and revert to the state minimum threshold of
6 mature plants OR 12 immature plants AND 8 ounces of bud. Previously, on
9/4/07 the Trinity County Board of Supervisors had adopted a more reasonable policy allowing for possession of 3 pounds of dried, processed marijuana at any one time and the cultivation of 12 mature plants and/or 24 immature plants. That policy is no longer in effect.
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. Formerly Up to three plants and 8 ounces: these were the guidelines that were
rejected by the California Supreme Court in the Mower decision.
Ventura: Sheriff and DA policy:
6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1# dry bud or conversion. County Supervisors taking matter into review. Formerly 6 plants - 3 mature/ 3 immature
Yolo:
6 mature plants OR 12 immature plants AND 8 ounces of bud
Yuba: Informal policy:
6 mature plants OR 12 immature plants AND 8 ounces of bud OR 1.5# processed marijuana. Formerly 5 plants.
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Other states' medical marijuana laws:
but whats confusing is that, i thought people in California were only able to grow 
