New Medicinal Cannabis Guidelines Issued by the California Department of Justice
Press Release From the California Attorney General’s Office:
…The California Department of Justice released the “Guidelines for the Security and Non-Diversion of Cannabis Grown for Medicinal Use” to clarify the state’s laws governing medicinal cannabis, specifically those related to the enforcement, transportation, and use of medicinal cannabis. The Guidelines come after significant changes in state law on recreational cannabis use.
Historically, the State of California has been at the forefront of the cannabis legalization movement. In 1996, California became the first state to legalize the use of medicinal cannabis when voters approved Proposition 215, the Compassionate Use Act, an initiative that exempted qualified patients and their primary caregivers from criminal liability under state law for the possession and cultivation of cannabis. The Medical Marijuana Program Act, enacted by the Legislature in 2004, further clarified lawful medicinal cannabis practices by establishing a voluntary statewide identification card system, specific limits on the amount of medicinal cannabis each cardholder could possess, and rules for the cultivation of medicinal cannabis by collectives and cooperatives.
On November 8, 2016, the voters of California passed Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act, which established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of cannabis and cannabis products, for use by adults 21 years and older. On June 27, 2017, Senate Bill 94 merged the laws for the medicinal and adult-use of cannabis under one statutory scheme, the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Passage of these laws resulted in the continued exemption of qualified patients and their primary caregivers from certain criminal penalties and the reduction and elimination of certain criminal penalties related to cannabis.
The revised guidelines include:
- A summary of applicable laws;
- Guidelines regarding individual qualified patients and primary caregivers;
- Best practices for the recommendation of cannabis for medical purposes;
- Enforcement guidelines for state and local law enforcement agencies; and
- Guidance regarding collectives and cooperatives.
A copy of the Guidelines can be found at this link:https://oag.ca.gov/system/files/attachments/press-docs/MEDICINAL%20CANNABIS%20Guidelines.pdf
…The California Department of Justice released the “Guidelines for the Security and Non-Diversion of Cannabis Grown for Medicinal Use” to clarify the state’s laws governing medicinal cannabis, specifically those related to the enforcement, transportation, and use of medicinal cannabis. The Guidelines come after significant changes in state law on recreational cannabis use.
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🕯🌳Good morning Robin, hope your ready for the crowd. 🌝 Great article.
Surprise, surprise, surprise!
Can anyone say schizophrenia?
~love it!
Very interesting. If anyone takes the time to read it, instead of listening to others, they will read under 1. Summary of applicable law, D. The AUMA did not alter the CUA…
This means the original 215 is still in effect. The real “Mom and Pops” can stay under the radar and grow perhaps up to 99 plants (with the extra exemption your doctor can give) without crossing the line to a commercial grow, and the LEO’s don’t have jurisdiction to eradicate your grow. Just remember not to sell it, or if you do, don’t get caught. Growing smaller is always lower under the radar.
If the law does come to your door, tell them they have no jurisdiction since it’s a personal medicinal grow and they are trespassing and must leave, even if they have a warrant. Tell them if they do not leave you will place them under citizen arrest. They of course will laugh. Then do it. Tell them they are under citizen arrest. When anyone is placed under citizen arrest an officer of the law is required to take them off your hands. Call a LEO that is not represented there. If they do eradicate your garden, you will be able to file a civil suit later through the courts using the Administrative Procedures Act, and win. Don’t grow over 99; you will lose for sure. Remember to send a letter to the administrative court filing a complaint against everyone involved and reserving your rights within 15 days of the incident. Do it yourself and don’t hire an attorney.
This is real, and the only way to fight these people and win. Look it up and do your research. Educate yourself.
I don’t care about mega grows; let them get busted. Mom and Pops are my friends and neighbours; I do care about them. If you want to play the game and give 1/3 of your sweat to “the man,” go ahead and do it, but don’t complain about paying the price.
~pretty good summation, Burnt Ranch. Well, except . . . when creating litigation on your own (the ONLY way), you don’t head for the “Administration”, you bring the common law in with you. If you’ve crossed the lines that connect the dots, you will have standing. Then there’s but one question, “Are my documents correct”? If not, the magistrate that recognizes You, the living man, will tell you where corrections are needed and why.
I don’t read it that way.
I see the further definition of primary physician as the end to all pop up doctor rec shops. And doctors getting in trouble. Also no more recs for that hang nail.
I see the definitions of primary caregiver to state one must prove that you’re literally a primary caregiver to the people you are collectively growing for. Like if your mom and dad lived with you and you grew for yourself and for them then no big deal. But having a stack of scripts will only help you if you have the paper trail to support it. Also all those people must have the state issued card to be applicable.
One must also have all the local and state require documents and permits to operate said collective.
So while the foundation of 215 is still there the further definition of all these items makes enforcement less grey. Basically everyone is illegal. Good luck with the citizen arrest. Please upload the video.
So please correct me if I’m off base.
yeah I read it as they are bringing back 215 because 64 is bankrupting the county and state sales tax/property tax base is shipping out for “greener” medicinal pastures. Of course, as always, the cloud of confusion will always surround the Lord’s (I worship Christ personally) healing plant.
Cloud of confusion?
~like from “PLANT HEMP FOR VICTORY” (foreign war in a foreign land), to what i believe have all homogenized into MET: The Sheriff’s Office, the California Department of Justice and National Guard, California Department of Fish and Wildlife, California Department of Food and Agriculture, Cal Fire, Humboldt County Code Enforcement, Humboldt County Environmental Health, and State and Local Water Boards (foreign war on American soil) <<<that kind of confusion?
I have been in contact with the county on this very subject. I explained exactly how the new determination reads. I was told by an official at the planning department that although the 215 proposition still stands it breaks local land use ordinances. In summation to the month of back and forth with the official, I chose to grow 6 plants instead of the doctor’s recommendation and now don’t have enough to fulfill my needs. I now have to buy the medication from a dispensary. Still wondering if I made the right choice?
You still need a permit to grow medical. Um your driveway is not at proper grade. 30,000$. Your septic needs to be up to code. 8,000$. You need to put in 6 culverts on your main road ,18,000$. Disposable of used soil,5,000$ etc etc etc.
“Disposable of used soil,5,000$” UH…if you are a REAL Farmer, you don’t discard “used soil”…you regenerate it with compost, oyster shells, worms, & worm castings…
I laugh every time I see a soil truck going to an established farm EVERY year….rebuild your soil & mulch Mulch MULCH to conserve water
Put them IN the ground is a motto you hear around here…that means DIGGING A HOLE…the use of above ground round “instant planters” is deplorable…you use much more WATER with that type of grow…a WASTE…get smart & act like you’re a real farmer in it for the longhaul….
Totally agree. On the other hand I am negotiating a zero discharge permit with the waterboard. The key factor is saucers underneath the smartpots. When I brought it up they said they have never heard of anyone doing this. It will cut your fees annually to almost zero even on the biggest farm. If you are in the ground there is no way to rectify the discharge problems.
Saucers under pots will fuk your plants up in the long haul. I did it(once) all the fertilizers,salts, etc get sucked back up into your soil and plant and cause nutrient locks etc. They need drainage!
Gravel in the saucers, and don’t overwater until it runs out.
Amen!
Does it say anything about a square footage limit for the six plants?
~i didn’t read it either.
I finally got around to reading it, It doesn’t say anything about square footage. The vagueness is good and bad. Basically it sounds like they can chop down your crop if they want to. But it also means you could grow six monsters and have a solid legal defense if any issues arrived.
It also says you can grow as much as your doctor recommends.
aka 99 is still legit but only for personal. And you may run into code issues if you are a slob.
” Basically it sounds like they can chop down your crop if they want to.”
~just as i thought. As Jorge Cervantes says above – “schizophrenia”
Still, the bottom line is, getting a ‘permit’ is a waiver of your individual rights.
Right to privacy between you and your doctor.
Right to secure your papers, property, possessions from ‘unreasonable’ searches.
Right to defend self, loved ones, property from rabid animals, psycho’s and other trending boogie men.
andonandonandonandon
Absolutely!