Attorney General Jerry Brown Provides Medical Marijuana Guidelines

215 Plant

In the midst of the latest Federal crackdown on marijuana with Scott Burns, deputy director of the White House Office of National Drug Control Policy, declaring that one of the tools he plans to use to eradicate marijuana use is to “send notice to these so-called dispensaries to tell them that they are in violation of federal law,” Calif. Attorney General Jerry Brown has waded into the middle of the fight with new medical marijuana guidelines.

“Hopefully the feds will back off in instances where people are really following these guidelines,” the ex governor told the LA Times.

The new guidelines:

  • Medical marijuana patients should apply for state issued ID cards that the California police should hold legitimate. (a verification database will be found online)
  • patients and authorized caregivers should have no more than 8 oz. of processed marijuana (Doctors may recommend more and only the female marijuana bud is to be counted towards this weight.)
  • Patients and authorized caregivers should have no more than 12 immature or 6 mature plants (Doctors may recommend more.)
  • If Patients appear to have excess marijuana, all marijuana can be confiscated.
  • Patients should not use their medicine near schools.
  • Patients should not use their medicine at work (unless the employer gives consent.)
  • Non profit collective or cooperative medical dispensaries are legal but for profit businesses are not.
  • Sales of Medical Marijuana are subject to a tax but no profit can be made from the sale.
  • Dispensaries are prohibited from buying marijuana from illegal commercial grows (they must obtain the medicine from patients or caregivers with “fees limited to covering overhead and operating expenses.”

PDF files of the guidelines can be downloaded here.

The Times Standard Article can be found here.

Tip of the hat to the Humboldt Mirror which pointed me to the Times Standard Article that I had overlooked.

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6 comments

  • You know what’s sad about this? I didn’t know Jerry Brown was Attorney General. Last I heard, he was mayor of Oakland. Man, am I out of it.

    This might help. The perception, real or not, is that California’s attitude toward this illegal drug is not just lax, but consensual. The truth is, Californians recognize the use of pot as a medical device. The problem is that the section of the population selling the drug statewide, rather than just locally or medically, are also using this law to legitimize their illegal operations.

    It’s good to see some guidelines being set. There has to be some limits on anything that’s classified as a drug.

    This has been an interesting topic and your coverage of it, Kym, has often made me think. It’s a local topic and we all have a stake in it.

  • While I think marijuana should be legal, I think this is a reasonable attempt to follow Prop. 215. Hopefully, the guidelines will make things clearer for all involved though growing will be more dangerous for growers even if they are pretty small time.

  • I have a question rather than a comment. What are the taxation laws with respect to patients selling product to a collective/cooperative?

  • Well, I’m not a tax lawyer but legally I think a seller is still subject to taxes. See
    http://www.boe.ca.gov/news/pdf/173.pdf

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