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San Diego Legal Updates
- Thread starter rr14
- Start date
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Overview
Proposition 215, the Compassionate Use of Marijuana Act, was passed into law by California voters in November 1996. That initiative is now codified as California Health & Safety Code Section 11362.5 (PDF: 6K). Many California cities and counties, including San Diego, have struggled to implement the initiative because federal laws still prohibit the possession, transportation, distribution and sale of marijuana.
The City of San Diego created a Medical Marijuana/Cannabis Task Force to advise the City Council on the most efficient way to regulate the use of medicinal marijuana in accordance with Proposition 215.
Disclaimer: The City of San Diego does not endorse or condone the illegal use of drugs.
History (in reverse order)
January 2005 - Status of California Medical Marijuana Identification Card Registry Program:
The California Department of Health Services continues to work towards implementation of the SB 420 (Vasconcellos) Medical Marijuana Identification Card Registry Program. A meeting of stakeholder counties has been held to share information and obtain program input. Progress continues with registry and card validation systems development. Pilot counties should be operational by March 2005 with implementation in other participating counties by later spring of 2005.
San Diego County will not be participating in the Pilot Program however San Diego County plans to implement the Identification Card Registry Program once the pilot phase of the State program has been completed and the final procedures have been issued by the State Department of Health Services. Based on the current timeline from the State Health Department Medical Marijuana Unit, this should occur by summer of 2005.
April 26, 2004: City of San Diego Medical Cannabis Task Force issues Status Report on state medical cannabis legislation and resulting issues regarding the City of San Diego medical cannabis ordinance. City Task Force calls for the State and County to immediately implement the State Indentification Card Program as specified in Senate Bill 420. Implementation of the City Verification Card Program is suspended pending State action. In the interim, the San Diego Police Department continues to follow the Law Enforcement Guidelines on Possession and Cultivation of Medical Cannabis approved by the City Council in September 2003.
October 12, 2003: Governor Davis signs Senate Bill 420 into law which requires the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who may use marijuana for medical purposes, and to their designated primary caregivers. The cards are to be issued through County Health Departments or their designee.
September 29, 2003: The City Council approves amendments to the Municipal Code which incorporate Law Enforcement Guidelines Regarding the Possession and Cultivation of Medicinal Cannabis.
February 12, 2002: The City Council authorizes the establishment of a Medicinal Cannabis Voluntary Verification Card Program
May 22, 2001: The City Council forms the Proposition 215 Implementation Task Force (also known as the Medicinal Marijuana/Cannabis Task Force) to determine the most efficient way to regulate the use of medicinal marijuana in accordance with Proposition 215.
November 5, 1996: California voters enact Proposition 215, the Compassionate Use of Marijuana Act, which was subsequently codified as California Health & Safety Code Section 11362.5.
Patient Information
Law Enforcement Guidelines for the Possession of Medicinal Cannabis
On September 29, 2003 the City Council approved Law Enforcement Guidelines for the Possession of Medicinal Cannabis for patients using medicinal cannabis and their caregivers. Patients/Caregivers who come in contact with San Diego Police Officers will not be cited, detained longer than necessary to verify their status, or arrested and cannabis in their possession will not be seized or destroyed, if all conditions in the guidelines are met. The guidelines specify maximum allowable amounts of cannabis to be possessed or cultivated in order to qualify for the "safe harbor" treatment.
Patients:
may possess amount of processed marijuana recommended by physician up to one pound
may possess the number of plants consistant with physician's recommendation up to a maximum of 24 unharvested plants grown in an area of no more than 64 square feet
Caregivers:
may serve as caregiver for up to four medical cannabis patients
may possess no more than the amount specified above for each patient up to a maximum total of two pounds
may possess no more than the number of plants specified above for each patient, not to exceed a total of 48 plants growing in an area not exceed 94 square feet
The guidelines also state they "are not intended to and shall not be interpreted to override an officer's judgment and discretion based on a case-by-case evaluation of the totality of the circumstances, or to interfere with the officer's sworn duty to enforce applicable law." Also, the guidelines place restrictions on the eligibility of caregivers and on the growing and smoking of medicinal cannabis. Specifically:
Persons applying for a primary caregiver verification card must be 18 years or older
Persons applying for a primary caregiver verification card cannot be on parole or probation, or convicted of serious or violent felonies or a felony conviction for illegal drugs
Outdoor growing - growing marijuana shall only be permitted in a fully enclosed greenhouse or structure that must be locked and contained
Smoking cannabis in any public place or in any place open to the public is punishable as an infraction
Medicinal Cannabis Voluntary Verification Card Program
The Possession and Cultivation Guidelines for Patients and Caregivers are intended to be used in conjunction with a Medical Cannabis Verification Card. The purpose of the Verification Card Program is to provide a convenient means for medicinal cannabis users who have a physician's recommendation, and those who serve as caregivers to medicinal cannabis users, to demonstrate their legitimacy to law enforcement.
The City has suspended development and issuance of the Voluntary Medical Cannabis Verification Cards due to recently adopted State legislation 420 (SB 420) which became effective on January 1, 2004. This legislation establishes a State Voluntary ID Card Program for medical cannabis patients and their caregivers. The cards are to be provided through the County Health Department. The schedule and procedures for obtaining Patient and Caregiver Identification Cards through this program have not been determined.
University of California at San Diego Research on Medicinal Cannabis
A Center fo Medicinal Cannabis Research (CMCR) has been estblished at the University of California-San Diego. The purpose of the Center is the scientific study of the safety and efficacy of cannabis and cannabis compounds for treating medical conditions.
Physician Information
Survey of San Diego Physicians Regarding Medical Marijuana
The Medical Cannabis Task Force completed a survey of approximately 1,600 San Diego medical providers in October 2001 to discover the opinions of local physicians on the important issues relating to medical cannabis. The survey revealed that a significant number of San Diego physicians are willing to recommend marijuana and a significant number of patients are requesting information about marijuana for their illnesses.
University of California at San Diego Research on Medicinal Cannabis
A Center for Medicinal Cannabis Research (CMCR) has been established at the University of California-San Diego. The purpose of the Center is the scientific study of the safety and efficacy of cannabis and cannabis compounds for treating medical conditions.
Frequently Asked Questions
Q. When will the Voluntary Indentification Cards be available?
A. City efforts to develop verification cards have been put on hold due to passage of State Bill 420, effective January 1, 2004, which requires the State and County to develop and issue these verification cards. Please contact your County or State representatives for more information.
Q. Where can I get marijuana?
A. The City and the Task Force are unable to provide information on where to get marijuana for medicinal use. Your local community health organization may be able to provide more information.
Q. Where can I find a doctor who will give me a recommendation?
A. Neither the City nor the Task Force is able to recommend physicians. You should speak with your physician or contact a health organization in your community. A Task Force survey indicated that more than 100 San Diego physicians are willing to recommend marijuana to their patients.
Q. Where do I get a caregiver?
A. The City does not maintain a list of caregivers.
Q. Where can I get information on how to grow marijuana?
A. A number of websites provide detailed information; conduct an internet search using the keywords "growing marijuana".
Proposition 215, the Compassionate Use of Marijuana Act, was passed into law by California voters in November 1996. That initiative is now codified as California Health & Safety Code Section 11362.5 (PDF: 6K). Many California cities and counties, including San Diego, have struggled to implement the initiative because federal laws still prohibit the possession, transportation, distribution and sale of marijuana.
The City of San Diego created a Medical Marijuana/Cannabis Task Force to advise the City Council on the most efficient way to regulate the use of medicinal marijuana in accordance with Proposition 215.
Disclaimer: The City of San Diego does not endorse or condone the illegal use of drugs.
History (in reverse order)
January 2005 - Status of California Medical Marijuana Identification Card Registry Program:
The California Department of Health Services continues to work towards implementation of the SB 420 (Vasconcellos) Medical Marijuana Identification Card Registry Program. A meeting of stakeholder counties has been held to share information and obtain program input. Progress continues with registry and card validation systems development. Pilot counties should be operational by March 2005 with implementation in other participating counties by later spring of 2005.
San Diego County will not be participating in the Pilot Program however San Diego County plans to implement the Identification Card Registry Program once the pilot phase of the State program has been completed and the final procedures have been issued by the State Department of Health Services. Based on the current timeline from the State Health Department Medical Marijuana Unit, this should occur by summer of 2005.
April 26, 2004: City of San Diego Medical Cannabis Task Force issues Status Report on state medical cannabis legislation and resulting issues regarding the City of San Diego medical cannabis ordinance. City Task Force calls for the State and County to immediately implement the State Indentification Card Program as specified in Senate Bill 420. Implementation of the City Verification Card Program is suspended pending State action. In the interim, the San Diego Police Department continues to follow the Law Enforcement Guidelines on Possession and Cultivation of Medical Cannabis approved by the City Council in September 2003.
October 12, 2003: Governor Davis signs Senate Bill 420 into law which requires the State Department of Health Services to establish and maintain a voluntary program for the issuance of identification cards to qualified patients who may use marijuana for medical purposes, and to their designated primary caregivers. The cards are to be issued through County Health Departments or their designee.
September 29, 2003: The City Council approves amendments to the Municipal Code which incorporate Law Enforcement Guidelines Regarding the Possession and Cultivation of Medicinal Cannabis.
February 12, 2002: The City Council authorizes the establishment of a Medicinal Cannabis Voluntary Verification Card Program
May 22, 2001: The City Council forms the Proposition 215 Implementation Task Force (also known as the Medicinal Marijuana/Cannabis Task Force) to determine the most efficient way to regulate the use of medicinal marijuana in accordance with Proposition 215.
November 5, 1996: California voters enact Proposition 215, the Compassionate Use of Marijuana Act, which was subsequently codified as California Health & Safety Code Section 11362.5.
Patient Information
Law Enforcement Guidelines for the Possession of Medicinal Cannabis
On September 29, 2003 the City Council approved Law Enforcement Guidelines for the Possession of Medicinal Cannabis for patients using medicinal cannabis and their caregivers. Patients/Caregivers who come in contact with San Diego Police Officers will not be cited, detained longer than necessary to verify their status, or arrested and cannabis in their possession will not be seized or destroyed, if all conditions in the guidelines are met. The guidelines specify maximum allowable amounts of cannabis to be possessed or cultivated in order to qualify for the "safe harbor" treatment.
Patients:
may possess amount of processed marijuana recommended by physician up to one pound
may possess the number of plants consistant with physician's recommendation up to a maximum of 24 unharvested plants grown in an area of no more than 64 square feet
Caregivers:
may serve as caregiver for up to four medical cannabis patients
may possess no more than the amount specified above for each patient up to a maximum total of two pounds
may possess no more than the number of plants specified above for each patient, not to exceed a total of 48 plants growing in an area not exceed 94 square feet
The guidelines also state they "are not intended to and shall not be interpreted to override an officer's judgment and discretion based on a case-by-case evaluation of the totality of the circumstances, or to interfere with the officer's sworn duty to enforce applicable law." Also, the guidelines place restrictions on the eligibility of caregivers and on the growing and smoking of medicinal cannabis. Specifically:
Persons applying for a primary caregiver verification card must be 18 years or older
Persons applying for a primary caregiver verification card cannot be on parole or probation, or convicted of serious or violent felonies or a felony conviction for illegal drugs
Outdoor growing - growing marijuana shall only be permitted in a fully enclosed greenhouse or structure that must be locked and contained
Smoking cannabis in any public place or in any place open to the public is punishable as an infraction
Medicinal Cannabis Voluntary Verification Card Program
The Possession and Cultivation Guidelines for Patients and Caregivers are intended to be used in conjunction with a Medical Cannabis Verification Card. The purpose of the Verification Card Program is to provide a convenient means for medicinal cannabis users who have a physician's recommendation, and those who serve as caregivers to medicinal cannabis users, to demonstrate their legitimacy to law enforcement.
The City has suspended development and issuance of the Voluntary Medical Cannabis Verification Cards due to recently adopted State legislation 420 (SB 420) which became effective on January 1, 2004. This legislation establishes a State Voluntary ID Card Program for medical cannabis patients and their caregivers. The cards are to be provided through the County Health Department. The schedule and procedures for obtaining Patient and Caregiver Identification Cards through this program have not been determined.
University of California at San Diego Research on Medicinal Cannabis
A Center fo Medicinal Cannabis Research (CMCR) has been estblished at the University of California-San Diego. The purpose of the Center is the scientific study of the safety and efficacy of cannabis and cannabis compounds for treating medical conditions.
Physician Information
Survey of San Diego Physicians Regarding Medical Marijuana
The Medical Cannabis Task Force completed a survey of approximately 1,600 San Diego medical providers in October 2001 to discover the opinions of local physicians on the important issues relating to medical cannabis. The survey revealed that a significant number of San Diego physicians are willing to recommend marijuana and a significant number of patients are requesting information about marijuana for their illnesses.
University of California at San Diego Research on Medicinal Cannabis
A Center for Medicinal Cannabis Research (CMCR) has been established at the University of California-San Diego. The purpose of the Center is the scientific study of the safety and efficacy of cannabis and cannabis compounds for treating medical conditions.
Frequently Asked Questions
Q. When will the Voluntary Indentification Cards be available?
A. City efforts to develop verification cards have been put on hold due to passage of State Bill 420, effective January 1, 2004, which requires the State and County to develop and issue these verification cards. Please contact your County or State representatives for more information.
Q. Where can I get marijuana?
A. The City and the Task Force are unable to provide information on where to get marijuana for medicinal use. Your local community health organization may be able to provide more information.
Q. Where can I find a doctor who will give me a recommendation?
A. Neither the City nor the Task Force is able to recommend physicians. You should speak with your physician or contact a health organization in your community. A Task Force survey indicated that more than 100 San Diego physicians are willing to recommend marijuana to their patients.
Q. Where do I get a caregiver?
A. The City does not maintain a list of caregivers.
Q. Where can I get information on how to grow marijuana?
A. A number of websites provide detailed information; conduct an internet search using the keywords "growing marijuana".
rr14 said:
Yes, the supervisors and feds were pretty clear that the recent raids were targeting dispensaries who sell medical cannabis to patients. Legal patients are still allowed to grow and possess 6 mature OR 12 immature plants AND 8 oz's of dried medicine in according with the state health and safety code.
420KushMaster
Member
i kinda see why they are going after those greedy dispensaries charging 25.00 a gram is retarded.
now they need to go after the oil companies.....yea right
now they need to go after the oil companies.....yea right
^^ i understand your point.. but being greedy isn't against our state MMJ laws.. if patients don't like spending $25/gram they don't have to.. and it's not a basis for the SD board of supes to call the feds in and close down access for all patients
oil companies lol.. yeah right..
oil companies lol.. yeah right..
Hunt4Hazez
Member
I think the federal government should step up, stop this childish bullshit and realize marijuana is part of the american culture, more importantly that many people really do use it as medicine. And no matter what it will exhists as long as man can grow it.
The state should directly regulate the price and quantity dispensaries should be able to sell, not just say no disepensaries.
question: none of the dispensaries in SD are open now? all raided and closed?
The state should directly regulate the price and quantity dispensaries should be able to sell, not just say no disepensaries.
question: none of the dispensaries in SD are open now? all raided and closed?
Last edited:
G
Guest
Thease are the local san diego guide lines posted above, and are avaliable threw canorml.org
Patient Information
Law Enforcement Guidelines for the Possession of Medicinal Cannabis
On September 29, 2003 the City Council approved Law Enforcement Guidelines for the Possession of Medicinal Cannabis for patients using medicinal cannabis and their caregivers. Patients/Caregivers who come in contact with San Diego Police Officers will not be cited, detained longer than necessary to verify their status, or arrested and cannabis in their possession will not be seized or destroyed, if all conditions in the guidelines are met. The guidelines specify maximum allowable amounts of cannabis to be possessed or cultivated in order to qualify for the "safe harbor" treatment.
Patients:
may possess amount of processed marijuana recommended by physician up to one pound
may possess the number of plants consistant with physician's recommendation up to a maximum of 24 unharvested plants grown in an area of no more than 64 square feet
Caregivers:
may serve as caregiver for up to four medical cannabis patients
may possess no more than the amount specified above for each patient up to a maximum total of two pounds
may possess no more than the number of plants specified above for each patient, not to exceed a total of 48 plants growing in an area not exceed 94 square feet
Patient Information
Law Enforcement Guidelines for the Possession of Medicinal Cannabis
On September 29, 2003 the City Council approved Law Enforcement Guidelines for the Possession of Medicinal Cannabis for patients using medicinal cannabis and their caregivers. Patients/Caregivers who come in contact with San Diego Police Officers will not be cited, detained longer than necessary to verify their status, or arrested and cannabis in their possession will not be seized or destroyed, if all conditions in the guidelines are met. The guidelines specify maximum allowable amounts of cannabis to be possessed or cultivated in order to qualify for the "safe harbor" treatment.
Patients:
may possess amount of processed marijuana recommended by physician up to one pound
may possess the number of plants consistant with physician's recommendation up to a maximum of 24 unharvested plants grown in an area of no more than 64 square feet
Caregivers:
may serve as caregiver for up to four medical cannabis patients
may possess no more than the amount specified above for each patient up to a maximum total of two pounds
may possess no more than the number of plants specified above for each patient, not to exceed a total of 48 plants growing in an area not exceed 94 square feet
Hunt4Hazez said:
right, they are all closed. most were raided and told to close, a few closed on their own after being told they were next to be raided unless they closed. a club in san marcos closed this week too.
MarijuanaMesiah, thanks for posting. the county guidelines for san diego are 6 mature plants OR 12 immature plants AND 8 ounces of bud.. which patients should follow as the city of san diego is looking hard at MMJ and is currently suing the state of CA to overturn prop 215. not a compassionate county by any means.
http://www.safeaccessnow.net/countyguidelines.htm
420KushMaster
Member
i wonder just how far they are going to take this. it really sucks for the people in Sd. all that does is make honest folks who are tryin to follow the laws go down to the street corner for meds which is assnine.
Hunt4Hazez
Member
Too many angry old people and conservative mid-west imports in SD county. Most of Norcal still respects basic human rights for the most part.
420KushMaster
Member
yea i feel real sorry for the poeple of Sd.
we really need more pot voters get off the couch and vote fuckers!
we really need more pot voters get off the couch and vote fuckers!
