HomeMy WebLinkAboutAgenda Report - November 7, 2012 I-01AGENDA ITEM'
CITY OF LODI
COUNCIL COMMUNICATION
Im
AGENDA TITLE: Adopt Uncodified Interim Urgency Ordinance to Establish a Moratorium on 1) the
Outdoor Cultivation of Medical Marijuana within the City of Lodi, and 2) the Indoor
Cultivation of Medical Marijuana that Creates a Public Nuisance
MEETING DATE: November7,2012
PREPARED BY: Deputy City Attorney
RECOMMENDED ACTION: Adopt Uncodified Interim Urgency Ordinance to establish a
moratorium on 1) the cultivation of medical marijuana within the City
of Lodi, and 2) the indoor cultivation of medical marijuana that
creates a public nuisance.
BACKGROUND INFORMATION: A lengthy presentation on the options for regulating the cultivation of
medical marijuana in the City of Lodi was heard by the Council at
the Shirtsleeve meeting of October 16, 2012. Following public
comment and discussion, staff is bringing Council a proposed ordinance that would protect against the
public nuisance and crime -related concerns that are associated with the cultivation of medical marijuana,
while balancing the rights of medical marijuana patients under state law.
Because there is insufficient time for staff and the Council to study and discuss the complicated legal and
practical issues involved in regulating the cultivation of marijuana for medical use, staff recommends that
the Council adopt an interim urgency ordinance banning the outdoor cultivation of medical marijuana
within the City of Lodi and the indoor cultivation of medical marijuanawithin the City of Lodi that creates a
public nuisance resulting from the visibility of marijuana from the public right-of-way or the smell of
marijuana beyond the property line of the property where indoor cultivation is taking place. If adopted as
an urgency ordinance, under the provisions of Government Code section 65858, the proposed ordinance
would become effective immediately upon a four-fifths (4/5) vote of the Council. The proposed ordinance
would remain in full force and effect for 45 -days from the date of adoption, unless terminated earlier or
extended by vote of the Council, as discussed below.
Currently the City has no explicit regulations governing the cultivation of marijuana for medical use.
Cultivation of marijuana for any purpose remains illegal under the federal Controlled Substance Act; but
under California's Medical Marijuana Program Act, cultivation of marijuana by a Qualified Patient (defined
by Health & Saf. Code, §11362.7(f)) or a Primary Caregiver (defined by Health & Saf. Code, §11362.7(d))
is expressly allowed. However, state law does not set out a regulatory scheme for the cultivation of
medical marijuana, leaving it to cities and counties to adopt ordinances governing where and how
marijuanafor medical purposes should be grown.
The Lodi Police Department is aware of numerous medical marijuana cultivation sites within the City.
Lodi has experienced burglaries, robberies, violent crimes, and electrical utility thefts associated with the
cultivation of marijuana, both for medical and non-medical uses. In all likelihood there have also been
unreported thefts and physical confrontations between marijuana growers and suspects. Because
marijuana is the target of theft, some growers have armed themselves to protect their plants. In addition,
the City has received complaints of the odors and visible nuisance created by the outdoor cultivation of
marijuana. All of these circumstances negatively affect the health, safety and welfare of the City's
residents and businesses.
Unless adopted as an interim urgency ordinance, the cultivation of marijuana will continue without any
regulatory framework, thereby perpetuating the serious health, safety and welfare hazards posed by the
continuation of unregulated cultivation.
The proposed interim urgency ordinance will allow time for staff and the Council to continue to study and
discuss the complicated legal and practical issues involved in the regulation of the cultivation of
marijuana for medical purposes, while protecting the health, safety and welfare of the community. A ban
on the outdoor cultivation of marijuana and the indoor cultivation of medical marijuana that causes a
nuisance (i.e. can been seen or smelled from the property line) is necessary and appropriate to maintain
and protect the public health, safety and welfare of the citizens of the City of Lodi which allowing for the
research, drafting, public input and adoption of a permanent ordinance addressing the regulation of the
cultivation of medical marijuana.
The proposed interim urgency ordinance does not conflict with the federal Controlled Substance Act (21
U.S.C. §841) or permit any activity that is prohibited under the CSA. Further, nothing in the proposed
interim urgency ordinance should be construed as allowing persons to engage in activities that endanger
others or causes a public nuisance, allows the use of marijuana for other than medical grounds as set
forth under the Compassionate Use Act (Health & Saf. Code, §11362.5), or allows any activity associated
with the cultivation, harvesting, distribution, or consumption of marijuanathat is illegal underthe CSA.
Under Government Code section 65858, the Council, with a minimum four-fifths (4/5) vote, may, to
protect the public safety, health, and welfare of the community, "adopt as an urgency measure an interim
ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or
zoning proposal that the legislative body...is considering or studying or intends to study within a
reasonable time." As proposed, the recommended urgency interim ordinance would place a 45 -day
moratorium on the outdoor cultivation of medical marijuana within the City of Lodi and the indoor
cultivation of medical marijuana within the City of Lodi that creates a public nuisance resulting from the
visibility of marijuana from the public right-of-way or smell of marijuana beyond the property line of the
property where indoor cultivation is occurring. Although staff will do its best to complete its study,
analysis, and drafting of a proposed ordinance within the 45 -day timeframe, staff may ultimately bring
forward an ordinance to extend the proposed moratorium for consideration at the Council's meeting on
December 19, 2012. Government Code section 65858 provides that the Council, may, after notice to the
public pursuant to Government Code section 65090 and a public hearing, extend an urgency ordinance
beyond the initial 45 -days for a period for 10 months and 15 days. The extension requires a minimum
four-fifths (4/5) vote to be adopted. Thereafter a final one-year extension is permissible under Section
65858(a).
Without the proposed 45 -day moratorium, the City has ve ' ited means to control the outdoor or indoor
cultivation of medical marijuana within the City of Lodi.
FUNDING: None.
Ja ' e , agdich
ity Attorney
Attachments: Proposed Interim Urgency Ordinance
cc: Mark Helms, Police Chief
APPROVED:
Bartlam, Citv Manaqer
City/CounCom/MedicalMarijuanaCultivation/11-7-12.doc
ORDINANCE NO. 1867
AN UNCODIFIED INTERIM URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF LODI IMPOSING A
MORATORIUM ON 1) THE OUTDOOR CULTIVATION OF
MEDICAL MARIJUANA WITHIN THE CITY OF LODI AND
2) THE INDOOR CULTIVATION OF MEDICAL MARIJUANA
THAT CREATES A PUBLIC NUISANCE
WHEREAS, in 1996, the voters of the State of California approved Proposition
215, which was codified as Health and Safety Code section 11362.5, ef seq. and entitled
the Compassionate Use Act of 1996 ("the Act"); and
WHEREAS, the intent of Proposition 215 was to enable persons who are in need
of marijuana for medical purposes to obtain and use it under limited, specified
circumstances; and
WHEREAS, on January 1, 2004, Senate Bill 420 (Medical Marijuana Program
Act) became effective to clarify the scope of the Act and to allow cities and counties to
adopt and enforce rules and regulations consistent with SB 420 and the Act; and
WHEREAS, Health and Safety Code section 11362.83 expressly allows cities
and counties to adopt and enforce ordinances that are consistent with SB 420; and
WHEREAS, under the federal Controlled Substances Act (21 U.S.C. §841),
marijuana is classified as a Schedule 1 drug, meaning it has no accepted medical use;
and
WHEREAS, Government Code section 65858 authorizes cities to adopt
moratoriums on land use entitlements in order to study any uses that may be in conflict
with a contemplated general plan, specific plan, or zoning proposal; and
WHEREAS, Government Code sections 65850(a) and 65850(c)(4), provide the
authority of the City of Lodi to regulate by ordinance the uses of land and the intensity of
land use; and
WHEREAS, the City of Lodi Police Department and residents of the City of Lodi
have reported adverse impacts from the outdoor cultivation of medical marijuana within
the City of Lodi, including offensive odors detectable beyond the property boundaries,
increased risk of trespassing, violent crime, burglary, and theft; and
WHEREAS, the strong odor of marijuana plants, which increases in intensity as
the plants mature, is highly offensive to many individuals and creates an attractive
nuisance, alerting people to the presence and location of marijuana plants, creating an
increased risk of burglary, robbery or armed robbery because of the monetary value of
the plants; and
WHEREAS, the presence of marijuana plants is an attractive nuisance to minors,
creating a potential hazard in areas frequented by minors, such as schools, parks,
recreation centers, and similar facilities; and
WHEREAS, the cultivation of medical marijuana raise issues of first impression
for the City, which currently does not address or regulate in any mannerthe cultivation of
medical marijuana in its Municipal Code; and
WHEREAS, there is not sufficient time for the City of Lodi to adopt a regular,
non -urgency ordinance regulating the outdoor and indoor cultivation of medical
marijuana; and
WHEREAS, it is the intention of the City Council of the City of Lodi that nothing in
this Ordinance be deemed to conflict with the federal Controlled Substances Act (21
U.S.C. §841), by permitting or otherwise allowing any activity which is prohibited under
the Act; and
WHEREAS, the City Council of the City of Lodi is aware that the cultivation and
possession of marijuana for medical purposes by Qualified Patients and Primary
Caregivers as defined under California law (Health & Saf. Code, §§11362.7(f) and
11362.7(d), respectively), it is the intention of the Council that nothing in this Ordinance
be construed, in any way, to expand the rights of anyone to cultivate, possess or use
marijuana understate law, engage in any public nuisance, violate the federal Controlled
Substance Act, or engage in any activity regarding the cultivation, distribution, use or
consumption of marijuana that is otherwise prohibited by law; and
WHEREAS, it is the purpose and intent of this Ordinance to ensure that
marijuana grown for medical purposes remains secure and does not find its way to
persons other than Qualified Patients or Primary Caregivers or illicit markets; and
WHEREAS, it is the purpose and intent of this Ordinance to assist law
enforcement personnel to perform their duties effectively and in accordance with
California law; and
WHEREAS, this Ordinance is not subject to the California Environmental Quality
Act (CEQA) pursuantto Government Code section 15060(c)(2) (the activitywill not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
Section 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; it
prevents changes in the environment pending the completion of the contemplated
General Plan adoption and zoning ordinance review; and
WHEREAS, for the protection of the public's health, safety, and general welfare,
the City desires to adopt this moratorium to provide time for the City to consider that
adoption of regulatory standards and conditions to be imposed on the outdoor and
indoor cultivation of medical marijuana; and
WHEREAS, the City desires that such moratorium take effect immediately upon
its adoption in accordance with Government Code section 36934.
2
NOW, THEREFORE, BE IT ORDAINED BYTHE LODI CITY COUNCILAS
FOLLOWS:
Section 1. Imposition of Moratorium.
A. In accordance with Government Code section 65858, from and after the
date of this Ordinance, the outdoor cultivation of marijuana, for any purpose, within the
incorporated area of the City of Lodi is hereby prohibited for a period of forty-five (45)
days. Further, any indoor cultivation of medical marijuana by a Qualified Patient or
Primary Caregiver within the incorporated area of the City of Lodi that creates a public
nuisance resulting from the visibility of marijuana from the public right-of-way or the odor
of marijuana beyond the property line of the property where the indoor cultivation is
taking place is prohibited for a period of forty-five (45) days.
B. Any property found to be in violation of this Ordinance shall be declared
to be a public nuisance and may be summarily abated by the City of Lodi pursuant to
Civil Code Section 731. Nothing in this Ordinance shall be deemed to prevent the city
attorney from bringing a civil action for injunctive relief and civil penalties pursuant to
Lodi Municipal Code Chapter 1.10. In any civil action brought under Chapter 1.10, a
court of competent jurisdiction may award reasonable attorneys fees and costs to the
prevailing party.
C. For purposes of this Ordinance, the terms "Primary Caregiver" and
"Qualified Patient" shall have the same meaning as that set forth in Health and Safety
Code Sections 11362.7(f) and 11362.7(d), respectively.
D. This Ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Lodi by Government Code section 65858 and is for the
immediate preservation of the public health, safety, and welfare. The City Council of the
City of Lodi hereby finds and declares that there is a need to enact an urgency interim
ordinance establishing a moratorium banning the outdoor cultivation of medical
marijuana within the City of Lodi and the indoor cultivation of medical marijuana by a
Qualified Patient or Primary Caregiver within the City of Lodi that creates a public
nuisance resulting from the visibility of marijuana from the public right-of-way or the odor
of marijuana beyond the property line of the property where indoor cultivation is taking
place, based upon the findings set forth hereinabove and incorporated herein.
Section 2. Severability. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to
be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such
decision shall not affect the validity or effectiveness of the remaining portions of this
Ordinance or any part thereof. The City Council of the City of Lodi hereby declares that
it would have passed each section, subsection, subdivision, paragraph, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or
invalid or ineffective.
Section 3. No Mandatory Duty of Care. This Ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care towards persons or property within the
City or outside of the City so as to provide a basis of civil liability for damages, except as
otherwise imposed by law.
3
Section 4. Conflict. All ordinances and parts of ordinances in conflict herewith are
repealed insofar as such conflict may exist.
Section 5. Effective Date. This urgency Ordinance shall be published one time in the
"Lodi News Sentinel," a daily newspaper of general circulation printed and published in
the City of Lodi, and shall be in force and take effect immediately from and after its
passage and approval by at least four-fifths vote of the City Council and shall be in effect
for forty-five (45) days from the date of adoption unless extended by the City Council as
provided for in Government Code section 65858.
Approved this 7th day of November, 2012
ANNE MOUNCE
V Mayor
ATTE
RANDI JOHL, City Clerk
State of California
County of San Joaquin, ss.
I, Randi Johl, City Clerk of the City of Lodi, do hereby certify that Ordinance
No. 1867 was adopted as an urgency ordinance at a regular meeting of the City Council
of the City of Lodi held November 7, 2012, and was thereafter passed, adopted, and
ordered to print by the following vote:
AYES: COUNCIL MEMBERS— Hansen, Johnson, Katzakian, and
Mayor Mounce
NOES: COUNCIL MEMBERS— None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS— None
further certify that Ordinance No. 1867 was approved and signed by the Mayor
on the date of its passage and the same has been public pursuant to law.
4z�f�
RA . City Clerk
r ved to Form:
E D. MAGDICH
Deputy City Attorney
4
Introduction
Mission of Americans for Safe Access ............................. 1
Patientg Rights Project ...................... .................1
Chapter I: Medical Marijuana Lavas
California's Medical Marijuana Law ......... . ..... . .............. 2
Conflict between State and Federal Law ...... . ........ . . .. . ... . ... 6
Federal Marijuana Law ........... . . . .. . ............. . .. . . . . ... 8
Other Applicable Laws ... . ..... . . ........... . . ............ . 10
Becoming a Legal Patient .......... . . .. . ......... . ............ 13
Becoming a Legal Caregiver ............ . .. . .................. . 14
Obtaining Medical Marijuana for Qualified Patients ................. 15
Attorney General Guidelines ...................... ............. 16
Chapter II: Being Prepared
Seale Medd Marjuana Use ........-......... ......................... 17
Being a Good Neighbor .... .... .... ..... ...... , 18
Being Prepared hAckazoefor Successful LawEriforcementErminters ..,. 13
Safe Gardening............................................19
Searcy Culhre ........ ............................... .20
Chapter ill: Lav Enforcement Enoountas
Noe Encounters .................................. ........... 22
Reasonable SLE pilon vs. Prcnbable Cause , . , ... - ... , .1, , , , , , . , . , , Z
Semis.............. ..................................23
Queslioning...............................................24
Miranda Rights...........................................25
Arrest and Search Warrants .. . . ........ . . ................... . . 26
Infiltratorsand Infamanls .................. . ............ . 26
FBI, DEA and Other Gaertnent Agents ... . ......... . ............ 27
Phone Calls in Jai .......................................... 27
Taking Notes ................................ .............27
Chapter IV: Demystifying the Legal System
Getting Out of Jai.........................................28
Gong to Court ............................... .............. 29
Court Support and Organizing During Trials ................... . ... 32
Chapter V: Take Action
What You Can Do ......................................... .34
ASA Online Resources ...................................... .34
Appendix
Landmark Rings.........................................35
ASA California Legaf Manual
Mission of Americans for Safe Access
Americans for Safe Access (ASA) is the largest national member -
based organization of patients, medical professionals, scientists
and concerned citizens promoting safe and legal acoessto cannabis
for therapeutic uses and research. ASA provides legal training and
medical information to patients, attorneys, health and medical
professionals and policymakers throughout the United States. We
also organize media support fo r courtcases, rapid response to law
enforcement raids, and capacity -building for advocates. Our suc-
cessful lobbying, media and legal campaigns have resulted in
important court precedents, new sentencing standards, and more
compassionate community guidelines.
The mission of Americans for Safe Access is t o ensure safe and legal
aooess to cannabis (marijuana) for therapeutic uses and research.
Patients' Rights Project
ASA's Patients' Rights Project is a result of the outcry for accessi-
ble and current legal information on medical marijuana. Medical
cannabis patients and their providers suffer pervasive discrimina-
tion in employment, child custody, housing, public accommoda-
tion, education and medical care because of misinformation
about the medical efficacy of cannabis and a lack of statutory
legal protections. Furthermore, patients and their care providers
are vulnerable to federal and state raids, arrest, prosecution, and
incarceration. ASA's Legal Affairs Department creates, protects,
and expands the rights of medical cannabis patients through
direct support, extensive monitoring, proactive litigation, educa-
tion, organizing attorneys, and the drafting of legislation.
The information found in this booklet specifically, and our legal
support efforts in general, are meant to educate patients, care-
givers, attorneys, and medical professionals on state law, assist
them with bringing their activities in line with existing state law,
510-251-1856. www.AmericansForSafeAccemorg
as well as providing the tools for protecting themselves from
local and federal law enforcement.
This manual is specific to California law. While some information,
like the Law Enforcement Encounters section, may be applied t o
all states, the laws and regulations concerning medical marijuana
are specificto each state. Please contact ASA for more informa-
tion regarding medical marijuana law outside of California.
As part of the Patients' Rights Project, ASA documents law
enforcement encounters and helps guide patients through the
legal system. If you have been harassed, detained, arrested, or
had your property confiscated by city, county, or state law
enforcement, please call 1-888-9294367. Visit our website for
more on the many aspects of ASA's Legal Affairs Department:
www.AmericansForSafeAccess.org/Legal.
i California's medical marijuana law aims to have local govern-
mentsadoptguidelines regarding patient and caregiver conduct
has led to unequal application of the law, selective enforcement,
and different interpretations of the law. Byfamiliarizing yourself
with the following information, you will be better equipped to
handle a law enforcement encounter if that should ever happen.
California's Medical Marijuana Law
The Compassionate Use Act of 1996 (CUA)
In 1996, the California voters enacted Proposition 215, codified as
Health & Safety Code 11362.5:
(a) This section shall be known and may be cited as the CUA.
(b) (1) The people of the State of California herebyfind and
declare that the purposes of the CUA are as follows:
(A) To ensure that seriously ill Californians have the right
to obtain and use marijuana for medical purposeswhere the
medical use is deemed appropriate and has been recommend-
ed by a physician who has determined that the person's
health would benefit from the use of marijuana in the treat-
ment of cancer, anorexia, AIDS, chronic pain, spasticity, glauco-
ma, arthritis, migraine, or any other illness for which marijua-
na provides relief.
(g) To ensure that patients and their primary caregivers
who obtain and use marijuana for medical purposes upon the
recommendation of a physician are not subject to criminal
prosecution or sanction.
(C) To encourage the federal and state governments to
implement a plan to provide for the safe and affordable distri-
bution of marijuana to all patients in medical need of marijua-
na.
(2) Nothing in this Act shall be construed to supersede leg-
islation prohibiting persons from engaging in conduct that
endangers others, nor -to condone the diversion of marijuana
for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in
this state shall be punished, or denied any rights or privilege,
for having recommended marijuana to a patientfor medical
purposes.
(d) Section 11357, relating to the possession of marijuana, and
Section 11358, relating to the cultivation of marijuana, shall
not apply to a patient, or to the patient's primary caregiver,
who possesses or cultivates marijuana for the personal medical
purposes of the patient upon the written or oral recommen-
dation or approval of a physician.
(e) For the purposes of this section, "primary caregiver" means
the individual designated by the person exempted under this
act who has consistently assumed responsibility for the hous-
ing, health, or safety of that person.
If any provision of this measure or the application thereof t o
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of the measure
which can be given effect without the invalid provision or
application, and to this end the provisions of this measure are
severable.
The major protection for patients and caregiver within the CUA is
offered by Section (d) cf the CUA, which exempts those qualified
from Sections 11357 and 11358 of the California Health and
Safety Code. Here isthe definition of those sections:
Health & Safety Code
Generic Description of
Section-
Offense
11357(a) - Felony/Misdemeanor
Possession of Any Concentrated
Cannabis
11357(b) - Misdemeanor
Possession of 28.5 grams or Sew
of Marijuana
11357(c) - Misdemeanor
Possessionof morethan 28.5
grams of Marijuana
11358 - Felony
Cultivation of Any Marijuana
ASA Cafifomia Legal Manual ,rq;g 510.251-7856 www.AmericansFor$afeAccess.org
Concentrated Cannabis
On October 21, 2003, Calif. Attorney General Bill Lockyer issued
an opinion addressing the legality of concentrated cannabis,
which states that concentrated cannabis or hashish is included
within the term "marijuana" as it is used in the CUA. This means
that a patient who possesses or produces concentrated cannabis
with natural ingredients should be afforded the protections of
the state's medical marijuana laws; however, there is a serious
question whether the manufacture of concentrated cannabis
through chemical processes, such as a butane torch, is covered
underthe medical marijuana laws.
California Legislature Passes SB 420
to 2003, the state legislature passed SB 420 in an attempt to
implement the CUA. SB 420, also known as the Medical
Marijuana Program Act, went into effect January 1, 2004. While
SB 420 has not prevented all harassment of patients by law
enforcement, it has allowed for greater protection in the courts.
SB 420 attempted to further define the CUA in a variety of ways:
a) SB 420 established guidelines for appropriate personal use. !
State law carves out "protection" for patients and caregivers I
who cultivate as many as six mature cr twelve immature
plants and possess as much as eight ounces of dried
marijuana. While localities can establish higher personal use 1
amounts, they may not go lower than the guidelines in 9
420. While guidelines establishing "acceptable" quantities
were meant to be thresholds, they have been interpreted by
law enforcement and by the court in People v. Kelly (2008) as
limits. Higher quantities are certainly necessaryfor many
patients, and 9B 420 extends the same protections to patients j
with a physician statement stating such a need, which can be i
helpful if a case goes to court. (ASA encourages patients to s
keep up to date on your local guidelines and be active in the
process of developing guidelines in your area.) ?
b) SB 420 established "protection" from arrest and prosecution
for cultivation, use, possession and transportation for those
who are in compliance with their local or state guidelines. t
c) Sg 420 authorizes medical marijuana collectives and coopera-
tives. This is an important expansion of legal rights for medical
marijuana dispensing collectives and cooperatives serving
large numbers of patients.
d) The Compassionate Use Act defines the role of "caregiver" as
"the individual, designated by a qualified patient or by a per-
son with an identification card, who has consistently assumed s
responsibility for the housing, health, or safety of that patient {
or person." While there is no limitto how many patients a
4 ASA CalifomlaLegal Manual
caregiver may assist in his or her own county, SB 420 sets a
limit of one patient residing outside the caregiver's county for
each primary caregiver. The role of caregiver does allow for
"reasonable compensation incurred for services provided." A
patient need not be a caregiver to be part of a patient collec-
tive or cooperative, as these are legally distinct concepts.
SB 420 also mandated a statewide voluntary ID card program and
the participation of all California counties in this program. This
State Department of Public Health program provides a confiden-
tial identification system to help protect patients from law
enforcement interference and aid law enforcement in the imple-
mentation of medical marijuana law. A list of counties participat-
ing in the ID card program can be found at
www.AmericansForSafeAccess.org/CACountylDCards. Patient par-
ticipation in the ID card program is not a requirement for "pro-
tection" under the law. However, though some voice con-
cems about releasing private information to state offi-
cials, the ID card program offers several benefits to
patients that recommendations do not, such as:
• Recommendations offer less protection from arrest, since SB
420 explicitly provides for immunity from arrest upon the
presentation of a valid state D card
• Because of the standardized format of the ID card (in contrast
to a doctor's recommendation), it is more difficult for law
enforcement agents to claim your documents are fraudulent
• Your photo appears on the state ID card, making your owner-
ship of the document easily verifiable (unlike a doctor's rec-
ommendation)
• Your state ID card does not include your name
Seizure of Medicine and Return of Property
The Fourth Appellate District Court of Appeal held in Garden
Grove v. Superior Court (2007) that trial courts must return med-
ical marijuana improperly seized by the police to qualified
patients. Otherwise, there would be a violation of due process.
Becausethe California and United States Supreme Courts denied
review of this issue, this case is binding on all trial courts in this
State, unless a different court of appeal holds to the contrary.
California Highway Patrol Policy Change
On February 15, 2005, ASA filed a group lawsuit against the
California Highway Patrol (CHP) to challenge the CRP's former
policy of mandatory confiscation of medicine from patients. The
CHP had been the worst violator of the CUA and SB 420, account-
ing for more than one-quarter of all reportsto ASA of patient
510-251-1851 www.AmericansFor5afeAccess.org
arrests and seizures across the state. As a result of ASA's lawsuit,
the CHP adopted a new policy on August 22, 2005, regarding
patient and caregiver encounters. This new policy discourages
CHP officers from confiscating medicine from patients and care-
givers, and provides officers with instructions on how to verify
valid medical marijuana documentation. A memo issuedto all
CHP Command Centers defines for CHP personnel what the new
policy means, including this example scenario of a traffic stop:
An officer initiates an enforcement contact on a vehicle at
0200 hours for a mechanical violation and observers (sic) a
small baggie of what appears to be marijuana sitting on the
seat next to the driver. The driver claims 11352.7 (sic) H&S and
presents a note from a physician recommending medical mari-
juana. The officer should contact the local communication/dis-
patch center to attempt to verify the validity of the claim. If
the claim is valid, and the individual is within the state/local
limit, no enforcement action should be initiated regarding the
medical marijuana.
Since CHP officers are instructed to honor doctor's recommenda-
tions that they can verify, it is important to keep these documents
on you when you're in possession of medicine. Caregivers should
also always have a copy of their caregiver's agreement. If officers
find pay/owe sheets, large amounts of marijuana, packaging for
sale, or large amounts of cash, they can decide that any marijua-
na they find is for non-medical use and may confiscate your medi-
cine and arrest you. It is safest t o abide by the state or local
guidelines. A complaint form that can be submitted to CHP when
its officers violate the medical marijuana policy can be found at:
www.chp.ca.gov/CCP/index.html
Case I a w
For details on relevant case law, please refer to the Appendix.
Conflict between State and Federal I a w
As of this printing, the federal government claims that marijuana
is not medicine and in Gonza/esv. Raich (ZOOS), the US Supreme
Court held that the federal government has the constitutional
authority to prohibit marijuana for all purposes. Thus, federal law
enforcement officials may prosecute medical marijuana patients,
even if they grow their own medicine and even if they reside in a
state where medical marijuana use is protected under state law.
The Court indicated that Congress and the Food and Drug
Administration should work to resolvethis issue.
ASA California Legal Manual
The Raich decision does not say that the laws of California (or any
other medical marijuana state) are unconstitutional; nor does it
invalidate them in any way. Also, it does not say that federal offi-
cials must prosecute patients. Decisions about prosecution are still
left to the discretion of the federal government.
According to a post-Ra/ch statement by California Attorney
General Bill Lockyer, the ruling does not overturn California law
permitting the use of medical marijuana. Lockyer also under-
scored the role of local law enforcement in upholding state, not
federal, law. The Court of Appeal rejected the County of San
Diego's claim in San Diego v. NORML (2008) that California's med-
ical marijuana laws are preempted by federal law, and the
California and United States Supreme Courts denied San Diego's
requests for review.
States have recognized marijuana's medical value and have either
passed laws through their legislatures or adopted them by initia-
tive. In support of the states that have taken responsibility for the
health and welfare of their people by implementing medical mar-
ijuana laws, ASA is fighting for states' rights to pass and enforce
their own laws, regardless of federal law.
California State Agencies Must Enforce Medical Marijuana I aw
Under our federalist system of government, the states, rather
than the federal government, are entrusted to exercise a general
police powerfor the benefit of their citizens. Due to this constitu-
tional division of authority between the federal government and
the states, the State of California may elect to decriminalize con-
duct, such as medical marijuana activity, which remains illegal
under federal law. Even if law enforcement officers take a per-
sonal position on any conflict between state and federal law,
they are bound by California's Constitution to uphold state law.
Under California's medical marijuana laws, patients and care-
givers are exempt from prosecution by the State of California,
notwithstanding contrary federal law.
In People v. Tilehkooh (2003), the court found that California
courts "long ago recognized that state courts do not enforce the
federal criminal statutes." The same court also stated "the federal
criminal law is cognizable as such only in the federal courts." In
People v. Kelly (1869), itwas determined that "State tribunals
have no power to punish crimes against the laws of the United
States as such. The same act may, in some instances, be an offense
against the laws of both, and it is only an offense against the
State laws that it can be punished bythe State, in any event."
In 2006, California Attorney General Bill Lockyer clarified the role
and responsibility of the state in upholding medical marijuana
510-251-1856 www.AmericansForSafeAccess.org
5 6�o•ssa»ya}egaoisue�iaamy-nnnnm 958t-t5Z-Ot!
•sauilaprn6 aqj of
a:)uadajap JeaJ6 9n16 ol anuiluoa sa6pnf leJapal Auew 'JanannoH
•AJo}epuew Ja6uol ou pue AJosinpe We (anoge pauipo se) sauil
-apin6 6upuajuas ledapal agj;egj palnJ :pnoa agj'SOOZ Ajenuer
woJj uoispap IJnoD awa.idns a '(SOOZ) Jaloog *n sawis paiiun ui
•uoijegodd Joh a:)uegD
ou q}iM lief ul sdeaA aaJq} o1 sdeaA OMI o� do aq lg6lw aaual
-uas a 'suolpinuoa Joud aldillnw q;iM :lief ui sgluow xis iseal }e
}o aauaIuas a saiJde:) pJo:)aJ leuiwiJ:) ou gjiM 631 S•Z Jana •6upuaj
-uas anlTeuJalle pue uoilegodd }o A}!I!gissod a q}iM sqjuow anlaMj
OT xis }o aauajuas a sauaea suoiIainuo:) Joud ou gjiM euenfuew }o
61 L Jano }o uo[ssassod •paJinbad awi} lief ou pue 'sgjuow aniaMl
01 auo jo aaualuas adilua aq1 ao} uoi;egodd qj!m do pua Aew
'suoi:pinuoa doidd aldillnw gjiM uana 'sasua:40 lana)-MoI •6u13uaj
-uas anlIewalle Jo uoilegodd ol pasoddo se'awil lief off. pa:)ual
-uas aq of si auo Alalll allow agj'd.unowe euenfuew aqj Jag61q
aqj •panaas aq jsnw a:)ualuas }eg; jo %5g }o wnwiuiw a 'lief ol
pa:)uajuas pue pa:Pinuoa �l •}uawuosudwi Jol algi6!la aae lie inq
'sauilapin6 6upuejuas ledapal Japun awij lief aJirtbw suoiTDinuoa
euenfuew 112ION •suoil:)inuoa }sed osle inq euenfuew }o junowe
aqj Aluo }ou;uno»e olui @ lei sauilapin6 6upuajuas ledapa3
'll!q 6ndp 9861 e w paPeua aJ2M
sa:)ualuas wnwiuiw AJolepuew luaJdn:) aqj •suoiIaipsidnf ssoJ:)e
salluedsip 6upuajuas legwoa of /-861 ui paTeaD seM uoissiwwo:)
buiaua}uas aql •ssaJ6uo:) Aq papeua 'sMei 6u1:)uajuas Aao}epuew
pue 'uoissiwwo:) 6upua}uas sawis pa;iuq aqj Aq papeua 'saull
-apin6 6upua:[uas :snnel 6uiaua;uas ledapal jo sadAl oMi. aJe adaq I
-asualap euenfuew
ie:)ipaw a aJasse ue:) aq adagM sailpog1ne ajels aqj ol paddapd
aq IHAA aq Imago uoissassod Jouiw a qj!m pa6Jega pue Aliadodd
iedapa� uo palsadde si d.uailed e }l uana isoNl •11 6uuoIiuow
SIM140 ledapa} aneq o1 iiiJadoJd ledapaj-uou ueqj Alajil allow si
}i 1.egj si kwadodd ledapa� oi. 491 aqy •AlJadodd ledapal uo ;snf jou
'sajejs paiiun aqI pue eiuJoflleD jnog6nodgj saildde Mel ledapa3
-leu 6uunp aigissod JanauagM anssi aqj asieJ off. Idwalle pinogs
sAawoIje asualap gbnogj'asualap a se pasn aq jouuea euenflew
ieaipaw jeg; polm aneq sa6pnf 'sase:) leJapa} leJanas ul •anlen leul
-:)ipaw olgelda:):)e ou 41iM bnJp le6alli snoJa6uep a euenfiew sda
-pisuoa 1ps Mel ledapa3 •doals AJan Alluanbaij sl Ajlln6 punol ald
-oad Jo} juawgsiund pue 'snouas Adan We sMel euenfuew ledapa3
•sajejs Jaq),o pue eiudopleJ ui sJani601ea pue sjuailed euenfuew
le:)ipaw isuie6e sMel ledapaj 6updolua A4ilsnf of 'Auowilsal do}
awll clef apeil oqM sluewdojui se llaM se 'auoiagd Adoiewwel}ui
pue sdagwnu jueld pajedab6exa pasn aneq ani jjo s,Aoudojjy
Eenuew jeba7 eluJo}ile:) Vsv
-s•n pue y30 aqj 'sasea 4sed pue 6uipued Auew ul -asn sli Joh a
-oad isaJJe of Pv saauelsgns pallodjuoD aqj asn of pannolle Allu;
-Jnr si b'3(I aqj pue 'euenfuew le:)ipaw aziu6o:)aJ }aA IOU sac
Mel leJapal ung •auole sdani6ade:) Jiaq} pue sjuailed euenfue
le:)ipaw aneal lli^A V30 aq;'Alleapi •awil sji jo asn }saq aqj axle
oi Moq asooq:) ue:) 'sapua6e juawa:Jofua le:)ol alil ''d34 at
euenfuew le:)ipaw jo uoiInquisip Jo u011en Ilm diagj Jo} suo«e
-i}sanui (inp Jo leuiwua 6uio6uo Jo sa6Jeq:) 6upej we Jo uosud
AlluaJJn3 aJe sJapinodd pa.ipunq a uegj @JOIN -pazias Awado.id pe
Jo paisaJde uaaq Jaqlia aneq waq} }o Auel/y •suo113e TuawaJJOIL
ledapa} �o sla6Jej uaaq aneq aldoad jo suazop 'sdeaA Maj Ise
aqj Jano -Alle:gpads allow suoljedado uoilnqulsip pue uoilenijir
a6Jel pue 'leJaua6 ui sdani6aJe:) pue s}uaiied euen fidew leDipai
ui isadajui lequelsgns a uajej seq 'snnel bnJp leJapaj 6upJo�c
gjiM p96de4:) '(y30) uoileJasluiwpy Iuawa:)JOJu3 6ndp aL
•ivawpuawy }sdi3 aqp Japun asn sjl ,puawwoaaA,, ue:) Aat
g6nogl 'Mel ledapal dapun asn leaipaw Jol euenfuew ,aqu3saic
;ou Aew sdo-po(3 •anlen le:)ipaw ou 6uineq pue anipippe Alg6l
se euenfuew sMain juawuJano6 ledapa} aql jeq; sueow q:)iq,
'6nJp l alnpaq:)s a se paipssep si euenfuew 'VSD aqi Japun anlE
leUpipaw pue asnqe do; leijua;od anijelaJ sji of buipJoaae al
-iauud ui 'alnpaq:)s a ui aauelsgns palloJ4uo:) AJana saaeld juaww
-nob ledapaj aqj •uiodaq pue auie:)o:) se q:)ns 'a:)ueasgns pallo
-uoD Jagjo AJana ailil p91eaJ1 si euenfuew 'Mei leJapa} Japu
•euenfuew }o saijijuenb a6del ajnqujsip Jo 'ajenijlna 'ssasso
oqM suosaad isuie6e Aluo palldde Alledauab aJe sMel asagi •e
-enfiJew;o asn leuoiieaJaaJ pue leDipaw uaaMjaq aauadan p at
aziu60aa) SOU saop q:)!gM'(LLS §'D,s,n LZ) (VSD) iDb'sa:)uelsgr
palloJIuoD aqj g6noJgj s6ndp salein6aJ juawwano6 leJapaj au
Mrd, euen f ijeW jenpod
„•q:)ns se snnel 6ndp ledapal aqj a:)Jo}ua o; a:)ilod le:)ol
aqj jo qof aqj lou si }i padagwawaJ aq jsnw 1!,, 1egj (LOOZ) vno_)
JorJadns n anoJD uapJeD ui leadde To:Jnoa aqj jo uoiTeJepap
aqi q;!AA jualsisuoa Alin} si juawalels sigl „ snnel ledapal aaJo}ua
ol s}inoa ajejs }o a:)uinodd aq; IOU si ji - }Dy asn aleuo►ssedwoD
aqj 6uiladddalui ).o Ixa;m) ar}pads aqj ui pue 41ledaua6 gloq
-1eq} sa6palmoum:)P" JaAlpo-1 'pealsul -Held olui awoa lou saop
„Mel ledapa} Japun uolssassod euenfuew jo uoi}igigoJd 6uinuil
-uo:) aqd,, Iegi 6uiieis Aq juawn6Je Mel ledapal aJiiva aqj passiw
-sip Jakpol 'leadde uo „•Mei ledapa� Japun le6alli ill}s [si uoij
-Milm euenfuew leaipaw]„ 'jeq� buiwiep 'juailed aqj Isuie6e
palnJ :pno:) Joidadns a 'aupipaw pazies Alln}melun siq jo wnjaJ
aq} 6uislaas ui juailed a 6ui;sisse si ysy adagM asea a ul -Mel
In addition to the sentencing guidelines, there are statutory
mandatory minimum sentences, which remain in effect after
United States v. Booker and primarilytarget offenses involving
large amounts of marijuana. There is a five-year mandatory mini-
mum for cultivation of 100 plants or possession of 100kgs, and
there is a ten-year mandatory minimum for these offenses if the
defendant has a prior felony drug conviction. Cultivation or pos-
session of 1 000k or 1000 plants triggers a ten-year mandatory
minimum, with a twenty-year mandatory sentence if the defen-
dant has one prior felony drug conviction, and a life sentence
with two priorfelony drug convictions. To avoid a five-year
mandatory minimum, it is advisable to stay well below 100 plants,
including any rooted cuttings or clones.
Other Applicable Laws
School Zones
Patients should avoid possession of marijuana in school zones, as
there are typically additional penalties for the possession, use,
and cultivation of marijuana near schools, whether it is for med-
ical or recreational use. California patients and caregivers have
been the targets of extreme charges and harsh penalties for med-
ical marijuana in these "Drug Free School Zones." These Drug
1 Free School Zone laws can double the maximum sentences in fed-
eral court. SB 420 explicitly states that it does not authorize the
smoking of marijuana "in or within 1,000 feet of the grounds of
a school, recreation center, or youth center, unlessthe medical
use occurs within a residence." SB 420 says nothing about culti-
vation of marijuana near schools and recreational centers.
Firearms
Firearms can also result in harsher sentencing. "Any person who,
during any drug trafficking crime for which the person may be
prosecuted in a court of the United States, uses or carries a
firearm, or who, in furtherance of any such crime, possesses a
firearm, shall:
10
(i)Be sentenced to a term of imprisonment of not lessthan 5
years;
(ii) If the firearm is brandished, not less than 7 years; and
(iii)Ifthe firearm is discharged, not less than 10 years."
Although the U.S. Constitution confers a right to carry firearms,
we have seen many patients face extreme legal consequencesfor
having firearms in addition to plants. ASA strongly advises that if
you are a medical marijuana patient, do not carry or keep
firearms on your property.
ASA California Legal Manual
Civil Asset Forfeiture
x =ederal law provides for the forfeiture of property and profits
:)bt'ained through or used in the commission of felony drug
offenses. Prosecutors are encouraged to include forfeiture off ens -
as in all drug indictments. This can apply to landlords who rent
to people considered in violation of federal law, and therefore
could be used against the landlords of patients who cultivate or
use their medicine on the premises.
Employment Law
Some employers retaliate against medical marijuana patients for
failing a drug test, due to marijuana usage outside the work-
place. The consequences may include decision not to hire orto
terminate the employment of the patient. On January 24,2008,
the California Supreme Court issued a published decision in Ross
v. Ragingwire Telecommunications, Inc. (2005), denying a quali-
fied medical marijuana patient any remedy for being terminated
from his/her employment simply for testing positive for marijua-
na. ASA has since sponsored legislation, introduced by
Assemblyman Mark Leno, that would overturn the Ross decision
and restore employment rights to medical marijuana patients.
That legislation passed both chambers of the California
Legislature, butwas vetoed by Governor Schwarzenegger.
Priorto the Rossdecision, ASA had successfully challenged
employers' decisions to deny unemployment benefits to patients
who were fired for testing positive for marijuana in an employ-
ment drug test. Becausethe denial of unemployment benefits
requires willful disregard of a known employment standard, the
Ross decision does not rule out the possibility of collecting unem-
ployment benefits. The brief and decision of the California
Unemployment Insurance Appeals Board can be found at:
www.AmericansForSafeAccess.org/Unernploymentinsurance
LandlordlTenant Law
Signing a lease means you have read and understand the require-
ments of the legal contract. Most leases contain specific clauses
limiting your landlord's access to the rental property. However,
with proper notice, landlords can inspect the property for mainte-
nance needs and to assure you are in compliance with the lease.
Closely inspect this clause of your lease and be ready to comply.
Landlords may only enter your premises without permission in
the case of an emergency, unlessyou run a businessthat is open
to the public. Any attempt by your landlord or maintenance per-
sonnel to enter your residence without meeting the terms stated
inthe lease should be firmly but politely refused. Attempts to
exclude any person listed on the lease should be immediately
10.251-1856 www AmericansForSafeAccess.orq 11
reported to your attorney, as your landlord has no right to
exclude you from the premiseswithout going through proper
eviction proceedings.
Some leases may include prohibitions on use, cultivation and dis-
tribution of controlled substances, which likely includes medical
marijuana. To avoid confrontation and hassle, be a good neigh-
bor, and quietly go about meeting your medical marijuana needs.
Child Custody Issues
Sadly, being a parent who is a medical marijuana patient can be a
scarything. Across the state, Child Protective Services (CPS) agents
enter the homes of qualified medical marijuana patients, remove
their children, and require the parents to take unnecessarydrug
therapy courses solely based on their status as medical marijuana
patients. Also, the issue of one's status as a qualified patient is
I used by some spouses against the other in child custody disputes.
ASA takes these issuesvery seriously, and is working on strategies
to better protect medical marijuana patient -parents. In the mean-
time, here are some precautions that patients can take to demon-
strate to CPS that their use of medical marijuana has not affected
their ability to be good parents.
12
• Keep all marijuana out of plain sight, ideally in clearly labeled
medicinal jars and with other prescription medications, in a
placethat small children cannot access. If you choosetoculti-
vate, securethe garden in a locked room or devise another
way to deny access to children.
• If you cook with marijuana, clearly label any resultant food
products as medicinal, and keep them similarly far away from
any children's food.
• Use discretion when medicating, and do not do so when chil-
dren are present or in the view of personswho might be
looking for a reason to report you to CPS.
• If your children can understand, explain to them that the
marijuana is your medicine and that is not for them (like any
other prescription medication). Furthermore, letthem know
that it is a private matter, like any other medical information.
• In a dual -parent -patient household, work out a routine with
your partner where one parent is always unmedicated in case
any unexpected issues arise.
• Never drive with your children in the car after medicating.
• You have no reason to inform CPS that you are a medical
marijuana patient, unless directly asked. Do not volunteer
such information without cause.
Refusal of Service
Another problem facing medical marijuana patients is being
refused admission or service because of their status as medical
marijuana patients or becauseof their use of medicine on private
property, For instance, medical marijuana patients have been
kicked out of amusement parks and convention centers. Always
remain calm, explain that you are a legal medical marijuana
patient under California law, and that it is illegal to discriminate
against you because of your status as a patient. Contact ASA if
you need assistance responding to a refusal of service.
Driver's Licenses
ASA had received several reports of the DMV suspending or
revoking driver's licensesfrom medical marijuana patients based
solely on their status as such. In 2009, through litigation, ASA
forced the DMV to issue newwritten policytreating medical
marijuana use like other prescription drugs.
Driving Under the Influence
Notwithstanding California's medical marijuana laws, it remains
illegal to drive under the influence of marijuana, as it is illegal to
drive under the influence of some prescription medications. A
trend in law enforcement has been for police to stop drivers, find
marijuana and, after realizing that possession charges will be
futile, the officer will often charge patients with DUI as a last
resort, even when the patient has not medicated for a long time.
These are much more complicated cases, and require more indi-
vidual attention. If you have been involved in one of these situa-
tions, please see: www.AmericansForSafeAccess.org/DUI
Travel
Under California law, a qualified patient with a California recom-
mendation may only possess, cultivate and transport medicine in
California. A California recommendation does not provide an
affirmative defense in other states (except in Michigan, Montana,
and Rhode Island), so do not bring your medicine across state
lines with an expectation of legal protection. Also, DO NOT bring
your medicine to the airport (even if you are flying within
California). Federal Transportation Security Administration (TSA)
employeeswill screenyou and, upon finding your medicine, they
may turn you overto local authorities for state charges.
Becoming a Legal Patient
The CUA allows seriously ill people to legally grow and use mari-
juana as medicine. In order to qualify under California law, a
patient must have a doctor's recommendation or approval. A doc-
ASA Californiategal Manual V00 F001111 ------- A — __ ---_r_. --- -- -__
!A
for may recommend or approve the medical use of marijuana for
any condition for which it provides relief.
Ask Your Regular Doctor for a Recommendation
Be forthright with your doctor. There is nothing wrong with
using medical marijuana or discussing itwith your doctor. A fed-
eral court has ruled that, under the First Amendment, doctors
may not be punished for recommending medical marijuana.
• Ask for; a written recommendation. Although an oral one is
acceptable, it is difficult to verify. A written recommendation
is more helpful in defending oneself against criminal charges.
• Tell your doctor specifically what condition or symptoms you
treat with marijuana. Honestly describe the amount of mari-
juana you use, how often, and by what delivery method.
• When recommending quantities of marijuana for medicinal
use, doctors may recommend a certain amount based on your
need and experience with what works. if this amount is
above the state minimum or local guidelines, doctors do not
need to specify an amount; they only need to note that a
patient requires more to meet their medical need than the
guideline amount for that jurisdiction.
• If your doctor does not issue medical marijuana recommend-
ations, you may need to visit a medical marijuana specialist.
Medical Marijuana Specialists
There area number of California physicians and clinics available
for medical marijuana consultations. Before consulting a medical
marijuana specialist, patients should already have medical records
of diagnosis and treatment or a physician referral. You can find a
listing of some specialists at www.canorml.org. Be aware that:
• The doctor will want to see your medical records.
• It can cost more than $100to see a medical marijuana special-
ist.
• Paying the money does not guarantee that you will get a rec-
ommendation,
If you have more questions on howto become a legal patient,
contact ASA or see: www.AmericansForSafeAccess.org/CAPatient
Becoming a Legal Caregiver
Health and Safety Code 11362.5, the California medical marijuana
law, protects patients and their primary caregiversfrom prosecu-
tion for marijuana law violations. By state law, a designated care-
giver is allowed to possess, manufacture, and provide marijuana,
in all itsvarieties and forms, for the patient in his/her care. The
ncn 1.a:c..---- I -_- i • -..-I
caregiver is not allowed to usethis marijuana for his/her personal
use, nor can s/he provide this medicine to non-qualified patients.
There is no official registration system to become a caregiver for
a medical marijuana patient, so it is a good idea to draft an
agreement yourselves. This can be an oral or written agreement
in which the patient designates you as his/her "primary caregiv-
er." A sample agreement can be found at:
www.AmericansForSafeAccess.org/CaregiverAgreement
At this time, you should discuss the needs of your patient, related
to both medical marijuana and other care, decide a plan of
action, and then get to work.
The role of caregiver is more clearly defined in the law's text as
an "individual designated bythe person exempted underthis sec,
tion who has consistently assumed responsibility for the housing,
health, or safety of that person." The courts have strictly con-
strued this definition to require caregiversto assist patients in
matters of personal health and well-being beyond the mere pro-
vision of medical marijuana.
Obtaining Medical Marijuana for Qualified
Patients
Even though the CUA encourages "federal and state govern-
ments to implement a plan to provide for the safe and affordable
distribution of marijuana to all patients in medical need of mari-
juana," no such well-defined plan exists. Until such time as it
does, patients may use collectives or cooperatives to obtain their
medicine. SB 420 explicitly allows for medical marijuana collec-
tives and cooperatives, and nothing in state law prohibits collec-
tives and cooperatives from dispensing as part of their operation.
The following models have developed since the passage of the
CUA and M 420:
1. The Cooperative Model seeks to combine the efforts of
patients and caregivers, as the two groups work together to edu-
cate the public and grow marijuana. Each individual involved is
expected to give what he or she can to the endeavor. In return,
the cooperative offers its members safe access to medical marijua-
na, often at no cost. While caregivers can be part of a coopera-
tive, none need to participate for a cooperative to be viable. It
should be noted that cooperatives are entities defined by state
law, and that law must be consulted and followed before a coop-
erative is formed.
510-251-1856 www.ArnericansForSafeAccess.org 15
16
2. The Collective Model is considered very similar to the
Cooperative Model, with the difference being that state law does
not define collectives.
3. The Collective Dispensing Model is perhaps the most com-
monly used model across the state. Dueto the conflict between
state and federal law, specifically with regard to "distribution,"
ASA encourages caution when implementing such a model. From
a patient's standpoint, this model is the most simple mechanism
through which the patient can receive medical marijuana. Each
dispensary maintains its own membership of legally qualified
patients, and those members are allowed safe access to marijua-
na. A Collective or Cooperative Dispensary with patient services is
a more comprehensive model. Using this model, the dispensary
does not simply provide its members the opportunity to secure
marijuana, but it also offers other services to meet the needs of
the patient's general well being. At these facilities, health-care
providers may offer services, such as peer counseling, hospice -
style care, classes on various topics like cultivation, as well as
other special events benefiting patients.
Attorney General Guidelines
On August 25, 2008, the Attorney General of California issued
comprehensive guidelines concerning medical marijuana. Among
its other provisions, the Guidelines make clear that storefront dis-
pensaries may operate legally under California law, so long as
they do not operate for profit and follow other applicable regu-
lations. The full Attorney General Guidelines can be read at
www.AmericansForSafeAccess.org/AGG uidel ines.
D&Ialmer. Medical marijuana law in California is continuallyevolvingand medical madjuanatemains illegal
underfederal law. If somethingin this July 2010 manual appears out cf date orinaccuiate, please consult
with an attorney or contactASA at 510.257.7856or 1-888-929-1367.
l
Fortunately, many patients and caregivers never encounter law
enforcement problems. Those that do, fairly regularly report suc-
cessful interactions with local and county police. Many municipali-
ties offer strong protection.to medical marijuana patients.
However, even in friendly jurisdictions, patients arestill being
harassed and arrested for medical marijuana, even if they present
a valid, current doctor's recommendation and a cooperative dis-
pensary membership card.
Sensible Medical Marijuana Use
Patients and caregivers should educate themselves about medical
marijuana and understand the benefits and potential side effects
of this medicine. By being a sensible medical marijuana user and
making informed decisions, you can be as healthy as possible and
help change the way people think about medical marijuana use.
Guidelines for Sensible Medical Marijuana Use:
1. Always listen to the advice of your doctor and use good judg-
ment when using medical marijuana.
2. Carefully determine the amount of marijuana that is right for
you. Start with a small amount and slowly increaseyour dosage
to find the proper level for symptomatic relief.
3. inform yourself about marijuana's effects on yourself and oth-
ers. These effects include legal and health risks, as well as
potential personal consequences.
4. Clearly understand the benefits of marijuana and relief that its
use provides you. Be able to explain your use to people who
desire information about your use of marijuana as a medicine.
5. Never use medical marijuana as an excuse or cue for antisocial
or irresponsible behavior.
6. Avoid medical marijuana use that puts you or others at risk,
such as when driving, at work, or in public places. Remember,
you can still be arrested for marijuana use and penalties can
be stiff. As with any other prescription medication, it remains
illegal to drive while under the influence.
7. Medical marijuana should contribute to, rather than detract
from, health, well-being, work, and relationships.
ASA California Legal Manual IIS i 920M 510-251-1856 www.AmericansForSafeAccess.org 17
8. Always carry a copy of your physician's recommendation or
caregiver's agreement and recommendation with your medical
marijuana.
9. In addition, although the state -issued ID card is not necessary
to obtain the protection of California's medical marijuana laws,
law enforcement is more likely to honor ID cards, so it is a
good idea to carry your ID card with you.
Being a Good Neighbor
A common cause of trouble for both patients and caregivers is
complaints by neighbors. This problem might manifest itself in
the form of an unpleasant personal confrontation or neighbors
may report concerns about nuisance and safety to the police in
some cases. Subsequent investigations have led to the arrest of
patients and caregivers and to the closure of medical marijuana
dispensing col lectives.
Neighbors and nearby businesses may or may not share your
opinion about medical marijuana. But, they will be much more
likely to respect your right to safe medicine if you are not creat-
ing any harm or annoyance for them. By being conscious of
neighbors' rights, privacy and property, patients and dispensing
collectives can establish and maintain' harmonious relationships.
Domestic disputes, loud music, illegal parking, barking dogs, and
other nuisances could cause neighbors to call the police. Police
are required to investigate these reports, and they will come to
your location. This can lead to citations or criminal charges for
nuisance violations and also to further investigations that may
detect your medical marijuana use. Being a good neighbor can
help you avoid these encounters.
Being Prepared in Advance for Successful
Law Enforcement Encounters
Any patient or caregiver can become the target of a law enforce-
ment action. Each person who decides to use medical marijuana,
or helps a patient to do so, should be prepared to successfully
maneuverthrough these encounters. You might not be able to
avoid arrest in each instance, but chances of successfullyfighting
charges are greatly improved by education and careful planning.
There are many measures you can take before legal problems
occur. You should carefully study the Law Enforcement
Encounters section of this manual and, if possible�attendas train-
18
ri
18 ASA California legal Manual
ing class in your local area to most effectively learn this detailed
information. You should also stay on top of the basics. Maintain a
current doctor's recommendation and have a clearly defined
patient/caregiver relationship. Keep a copy of your recommenda-
tion in your wallet or purse at all times. You may want to memo-
rize your physician's and lawyer's phone numbers, or write them
down to keep with your doctor's recommendation or identifica-
tion.
Itis very important to inform the people in your life, such as fam-
ily, friends, and roommates, about your medical use of marijuana.
They should be prepared to'assist if you are arrested or harassed.
They should also be educated about their legal rights (seethe
"know your rights" information), as they may be questioned in
an investigation of your marijuana use. Also, be aware of how to
get out of jail if you are arrested. You may want to make a plan
for bail, bond, or being released from jail on your own recogni-
zance. You maywant to protect and organize your personal
belongings and financial data and make a plan for emergency
child, pet, and plant care. Lastly, always stay alert for signs of sur-
veillance and be aware of potential conflicts with the neighbors
to avert problems early.
Safe Gardening,
Have your Paperwork Together
Post a copy of your medical marijuana recommendation, along
with the text of California HS 11362.5, prominently at any place
where marijuana is cultivated. Keep a copy of your medical
records and keep a duplicate of everything at an off-site location.
In addition, if you use more marijuana than local guidelines
allow, you should have a note from your doctor specifying that.
Use Common Sense
Fewer plants attract less attention from thieves and others who
may wish you harm, so be realistic about the amount of marijua-
na you will need.
Packaging your medicine in eighth- or quarter -ounce baggies
looks suspicious. Note that marijuana stores better in glass jars
stored out of plain view, than in baggies.
1This section is adapted from the "Safe Gardening" brochure prepared
by Safe Access Now.
edn
Consider safety when you do medicate; marijuana smoke has a
very distinctive smell. You will attract less attention if you do not
smoke marijuana in plain view or nearwindows.
Do not drive your car while smoking. If the police smell marijuana
smoke, they can search your vehicle. If you are going somewhere,
medicate after you arrive, or bring your medicine in edible form.
Please note that Proposition 215 won't protect you from charges
of driving underthe influence of marijuana.
In the Garden
Don't be sloppy. Compost or eliminate trash off-site. The larger
the garden appears, the more likely you are to attract the atten-
tion of thieves or others who wish to cause you harm. Cultivating
indoors is generally considered safer because it helps avoid nosy
neighbors and reduces the risk of theft. Use extra odor -control
methods during harvest to avoid offending neighbors. The plants
smell especially pungent at this time, as they are particularly
resinous. You may find the smell lingering in the air, on your
clothes, and in your hair.
If You Are under Investigation
In the event of a law-enforcement encounter, don't talk to the
police beyond showing them your identification, physician's state-
ment, and medical marijuana ID card, if applicable. Keep relevant
records near your garden and have an attorney to call right away.
If you are determined to talk to the police without an attorney,
get your affairs in order first and prepareto do some prison time.
Talking to Your Attorney about the Garden
You may talk to your lawyer about your garden, as Prop. 215 pro-
tects patients and caregivers who cultivate marijuana. Be careful
discussing your financial situation with regard to your garden,
and never make referenceto selling marijuana. The law is written
to allow financial reimbursementfrom patients only for labor
and expenses and nothing more. If your attorney is unfamiliar
with medical marijuana law, be prepared to educate them or ask
them to contact ASA for more information.
Security Culture2
"Security Culture" refers to the importance of developing
unbreakable unity within the medical marijuana community. If
everyone involved maintainsthis unity, the entire communitywill
everyone
-ZExcer:rted from "Security Culture," Slingshot issue#72,
49fcM0Wshot.tao.ca/ with modifications by ASA.
http://slinc
be safer. Law enforcement agents frequently aim to turn people
against each other and disorganize or disband the community.
Keeping an Eye Out for Surveillance
Take precautions. Assume you are under surveillance if you are in
anyway involved in providing medical marijuana to patients. Do
not discuss sensitive matters on the telephone, thrcugh the mail,
by email, or in your home, car, dispensing collectives, or office. Be
cautious with whom you discuss sensitive information. Keep writ-
ten materials and lists of individuals in a secure place. If you are
arrested, the police may investigate all your contacs. Police offi-
cers have the right not only'to go through your phone book, but
can also answer any calls made to your phone.
Implement a Security Culture
Take care of yourself and your community. Don't gossip, brag or
ask for compromising or unnecessary information about medical
marijuana operations and activities. Although such behavior may
be entertaining, it puts you at greater risk of arrest and the
police may use personal splits to divide the community. When you
are about to discuss your personal involvement in medical mari-
juana operations, considerthe following:
• Would this person repeat what you are about to tell them to
anyone else? When you share information about your
involvement in medical marijuana, you are sha-ing informa-
tion that may be used againstyou in court if this person is
ever interrogated as a witness. You should also be cautious of
theft. Patients and providers have been robbed because of
the wrong person knowing sensitive information.
• Would you want this person to haveto perjure him or her-
self?Think carefully: you may be giving people information
that may cause harm to you or to them.
If someone you know is doing this, talk to him or her in private
about why such talk can be hazardous. Be careful not to preach,
injure the individual's pride, or raise defenses and prevent them
from understanding your point. Someone who repeatedly
engages in gossip, bragging or seeking unnecessary information
about inappropriate topics after repeated educational talks is a
grave risk at best, and a police agent looking to provoke or
entrap others at worst.
Disclaimer: Medical marijuana law in Caiifarnia is continuallyerohdng and medical marijuana remains illegal
underfederallaw. If something in thisJuly2010manual appears out of date or inaccurate, please consult
withan attomey or contactASA at 510.251-1856or 1-888-9294362
i10-251.1856 www,AmericansForSafeAccess.org
21
i When dealing with the police, keep your hands in view and don't
make sudden movements. Avoid passing behind them. Nervous
cops are dangerous cops. Also, never touch the police or their
equipment - you can get beat up andlor charged with assault.
i
+, The police do not decide your charges; they can only make reo-
i ommendations. The prosecutor is the only person who can actual-
ly charge you. Remember this the next time police rattle off all
the charges they're supposedly "going to give you."
Police Encounters
ii
Conversation
When the cops are trying to get information, but don't have
enough evidence to detain or arrest you, they'll try to coerce
information from you. They may call this a "casual encounter" or
a "friendly conversation." If you talk to them, you may give them
the information they need to arrest you or your friends. In most
situations, it is not advisable to volunteer information to the
police.
22
Detention
Police can detain you only if they have reasonable suspicion (see
below) that you are involved in a crime. Detention means that,
though you aren't arrested, you can't leave. Detention is sup-
posed t o last a short time, and they aren't supposed to move you.
During detention, the police can pat you down and go into your
bag to make sure you don't have any weapons. They aren't sup-
posed to go into your pockets unlessthey feel a weapon.
F the police are asking you questions, ask if you are being
detained. If not, leave and say nothing else to them. If you are
being detained, you may want to ask why. Then you should say
the Magic Words: "I am going to remain silent. I want a lawyer"
and nothing else.
A detention can easily turn into arrest. If the police are detaining
3This information provided to ASA by the Midnight Special Law
Collective - www.midnightspecial.net
ASA California Leaal Manual
you and they get information that you are involved in a crime,
they will arrest you, even if it has nothing to do with your deten-
tion. For example, if someone is pulled over for speeding
(detained) and the cop sees drugs in the car, the cops may arrest
her for possession of the drugs, even though it has nothing to do
with her being pulled over. Cops have two reasonsto detain you:
1) they are writing you a citation (a traffic ticket, for example), or
2) they want to arrest you but they don't yet have enough infor-
mation to do so.
Arrest
Police can arrest you only if they have probable cause (see below)
that you are involved in a crime. When you are arrested, the cops
can search you to the skin and go through your car and any
belongings. By law, an officer strip -searching you must be the
same gender as you.
Reasonable Suspicion vs. Probable Cause
Reasonable suspicion must be based on more than a hunch - cops
must be able to put their suspicion into words. For example, cops
can't just stop someone and say, "She looked like she was up to
something." They need to be more specific, such as, "She was
standing under the overpass staring up at graffiti that hadn't
been there 2 hours ago. She had the same graffiti pattern written
on her backpack. I suspected that she had put up the graffiti."
Cops need more proof to say they have probable cause than to
say they have a reasonable suspicion. For example, "A store
owner called to report someone matching her description tag-
ging a wall across the street. As I drove up to the store, I saw her
running away spattered with paint and carrying a spray can in
her hand."
Searches
Never consentto a search. If policetry to search your house, car,
backpack, pockets, etc. say the Magic Words: "I do not consent to
this search." This may not stop them from forcing their way in
and searching anyway, but if they search you illegally, they proba-
bly won't be able to use the evidence against you in court. You
have nothing to lose from refusing to consent to a search and
lotsto gain. Do not physically resist cops when they are trying to
search, because you could get hurt andlor charged with resisting
arrest or assault. Just keep repeating the Magic Words so that the
cops and ail witnesses know that this is your stance.
510-251-1856 www.AmericansForSafeAccess.ora 23
Be careful about casual consent. That is, if you are stopped by the
cops and you get out of the car but don't dose the door, they can
search the car and claim that they thought you were indicating
consent by leaving the door ajar. Also, if you say, "I'd rather you
didn't search," they can claim that you were reluctantly giving
them permission to search. Always just say the Magic Words: "I
do not consent to this search."
Note that in People v. Hua (2008), the Court of Appeal for the
First Appellate District found that the police violated the defen-
dant's right against unreasonable searches and seizures when
they entered his home without a warrant based only on their
observation that someone inside was smoking marijuana. And, in
County of Butte v Superior Court (2009), the Court of Appeal for
the Third Appellate District held that medical marijuana patients
may bring civil actions for violations of their constitutional right
to be free from unreasonable searches and seizures where there
is no probable cause to believe they are not in compliance with
California's medical marijuana laws.
7A
Questioning
Interrogation isn't always bright lights and rubber hoses— usually
it's just a conversation. Whenever the cops ask you anything
besides your name and address, it's legally safest to say these
Magic Words:
"I am going to remain silent. I want to see a lawyer."
This invokes legal rights, which protect you from interrogation.
When you say this, the cops (and all other law enforcement offi-
cials) are legally required to stop asking you questions. They
probably won't stop, so just repeat the Magic Words or remain
silent until they catch on. If you forget your decision to remain
silent and start talking to the police, you can and should re -
invoke the Magic Words, then remain silent. Do not raise your
status as a medical marijuana patient, unless specifically asked
about this or the medicine has already been found.
Remember, anything you say to the authorities can and will be
used against you and your friends in court. There's no way to pre-
dict what information the, police might try to use or how they
will use it. Plus, the police often misquote or lie altogether about
what was said. So say only the Magic Words and let all the cops
and witnesses know that this is your policy. Make sure that when
you're arrested with other people, the rest of the group knows
the Magic Words and promises to use them.
ASA California Lanai Manual
One of the jobs of cops is to get information out of people, and
they usually don't have any scruples about how they do it. Cops
are legally allowed to lie when they're investigating, and they are
trained to be manipulative. The only thing you should say to
oops, other than identifying yourself, are the Magic Words: "I am
going to remain silent. I want to see a lawyer."
Here are some lies they may tell you:
• "You're not a suspect --just help us understand what hap-
pened here and then you can go."
• "If you don't answer my questions, 111 have no choice but to
arrest you. Doyou want to go tojail?"
• "If you don't answer my questions, I'm going to charge you
with resisting arrest."
• "All of your friends have cooperated, and we let them go
home. You're the only one left."
Cops are sneaky, and there are lots of ways they can trick you
into talking. Here are some scams they may pull:
• Good Cop/ Bad Cop: Bad cop is aggressive and menacing,
while good cap is nice, friendly, and familiar (usually good
cop is the same race and gender as you). The idea is bad cop
scares you so badly you are desperately looking for a friend.
Good cop is that friend.
• Prisoners' Dilemma: The cops will tell you that your friends
ratted on you so that you will snitch on them. Meanwhile,
they tell your friends the same thing. If anyone breaks and
talks, you all go down.
• The copswill tell you thatthey have all the evidencethey
need to convictyou, butthat if you "take responsibility" and
confess, thejudge will be impressed byyour honestyand go
easy on you. What they really mean is: "We don't have
enough evidence yet, please confess."
Jail is a very isolating and intimidating place. It is really easy to
believewhat the cops tell you. Insist on speaking with a lawyer
before you answer any questions or sign anything.
Miranda Rights
The police do not have to read you your rights (also known as the
Miranda warnings). Miranda applies when there is (a) an interro-
gation (b) by a police officer or other agent of law enforcement
(c) while the suspect is in police custody (you do not have to be
formally arrested to be "in custody"). Even when all these condi-
tions are met, the police intentionally violate the Miranda
requirement. And though your rights have been violated, what
you say can be used againstyou. For this reason, it is better not
to wait for the cops to inform you of your rights. You know what
your rights are, so you can invoke them by saying the Magic
Words, "I am going to remain silent. 1 want to see a lawyer. "
If you've been arrested and realize that you have started answer-
ing questions, don't panic. Just re -invoke your rights by saying
the Magic Words again. Don't let them trick you into thinking
that because you answered some of their questions, you have to
answer all of them.
Arrest and Search Warrants
If the police come to your door with an arrest warrant, step out-
side and lock the door behind you. Cops are allowed to search
any room you go into, so don't go back into the house for any
reason. If they have an arrestwarrant, hiding won't help, because
they are allowed to force their way in if they know you are there.
It's usually better to just go with them without giving them an
opportunity to search.
If the police have a search warrant, nothing changes- it's legally
safest to say the Magic Words. Again, you have nothing to lose
from refusing to consentto a search and lotsto gain if the search
warrant is incorrect or invalid. If they do have a search warrant,
ask to read it. A valid warrant must have a recent date, the cor-
rect address, and a judge's or magistrate's signature; some war-
rants indicate the time of day the cops can search. You should say
the Magic Words whether or not the search warrant appears cor-
rect. The same goes for encounters with any other government
official who tries to search you, your belongings, or your house.
Infiltrators and Informants
Undercovercops sometimes infiltrate political organizations. They
can lie about being cops even if asked directly. Undercover cops
can even break the law (undercover cops get hazard pay for
doing drugs as part of their cover) and encourage others to do so
as well. This is not legally entrapment.
FBI, DEA, and Other Government Agents
The essence of the Magic Words "I'm keeping my mouth shut
until I talk to a lawyer" not only appliesto police but alsoto the
FBI, DEA, INS, CIA, even the IRS. If you want to be nice and polite,
say that you don'twish to speak with them until you've spoken
with your lawyer, or that you won't answer questions without a
lawyer present. If you are being investigated as a result of your
political activity, you can call the National Lawyers Guild at
(415) 285-5067; they will help you find a lawyer you can talk to.
Phone Calls in Jail
You're entitled to make a phone call from jail, but that doesn't
mean you're going to get one right away. Jail telephones are
often rigged to only make collect calls, although some take coins
as well. All telephone calls from people in custody can be moni-
tored. You may not want to discuss anything that is secret or sen-
sitive - circumstances of your arrest, people you are close to, any
contact information for those people, etc.
Taking Notes
Whenever you interact with or observe the police, always write
down what is said and who said it. Write down the cops' names
and badge numbers and the names and contact information of
any witnesses. Record everything that happens. If you are expect-
ing a lot of police contact, get in the habit of carrying a small
tape recorder and a camera with you. Be careful -- cops don't like
people taking notes, especially if the cops are planning on doing
something illegal. Observing them and documenting their actions
may have very different results; for example, it may cause them
to respond aggressively, or it may prevent them from abusing you
or your friends.
Conclusion
People deal with police in all kinds of circumstances. You must
make an individual decision about how you will interact with law
enforcement. It is important to know your legal rights, but it is
also important for you to decide when and how to use them in
order to best protect yourself.
Disclaimer. Mediral marijuanalaw in Californias continually evolving and mediralmarijuana remains illegal
under federallaw. lfsomething in thiskly 2010 manual appearsout of date or inaccurate, please consult
with an attorney or contactA94 at 570-251-1856or 1-888-9294367.
510-251-1856 www.ArnericansForSafeAccess.org 27
Getting Out of Jail
There are several proceduresfor getting out of jail while a case is
in process. If you are in possession of morethan one ounce of
marijuana, the police decide whether to give you a citation and
releaseyou, or to arrest you and let the judge decide the validity
of your medical marijuana claim. Once arrested, the judge will
decide whether to offer you bail, bond, or release you on your
own recognizance (OR).
Citation: Citing out is a type of releasefrom custody in which
you sign a citation, which is a promiseto appear in court. It is
usually a form that looks like a traffic ticket. Never sign a piece of
paper that is an admission of guilt. Readthe form closely and
make sure you know what you are signing.
Bail: Bail is money you pay to the court, to be forfeited if you
don't appear at scheduled hearings. A bail bondsman can put up
the money for you, but you have to give the bondsman per-
centage of the total bail, which the bondsman keeps as payment.
Often, there is a pre-set bail for misdemeanors and lesser felonies
that you can pay at the jail without waiting to go before a judge.
Bond A bond is like bail except that you put up collateral
instead of paying money. Collateral is something of value, like a
ca; a house, or property.
OR: Release on your own recognizance (OR, FUR or PR) is simply
your promise to come to court for scheduled hearings without
having to put up bond or pay bail. Usuallyyou will only be
released on your own recognizance if you can prove that: (1) you
are not a danger to the community; and (2) you are not a flight
risk or unlikely to return for court appearances.
You are likely to be kept in jail if you:
• Have an outstanding warrant for another charge
• Are already out on OR, bond or bail for another charge
• Are currently on probation or parole
• Have failed to appear for court dates in the past
• Have immigration problems
You can prove you're not a flight risk by organizing documents
for your first court appearance that show the judge you have
long-term ties to the community and are therefore unlikely to
skip town. Assemble as many of the following documents as pos-
sible. You need the originals, plus a copy to give the court:
>" • Lease, rent receipts, utility bills, phone bills (both current bills
and old ones to show the time you've been at this residence)
• Employment contract, pay stubs, records of volunteer work
sr
•School ID, school records
• Proof of membership in community organizations or churches
a h • General character reference letters from landlords, room-
mates, employers, teachers, clergy
E
• List of character references with phone numbers
• Letters on doctor's stationery about any medical conditions or
appointments that necessitateyour release
it would be very difficult for your friends to assemble such mate-
rials while you are sitting injail. It makes more sense for you to
put together this packet in advance and keep it in a safe and
4 accessible place. if you are arrested, your friends can bring these
F papers to your lawyer so that you will have this material in court.
Going To Court
When do I go to court for the first time?
If you are in custody, the authorities are legally supposed to bring
you to court within two business days or "as soon as reasonably
possible." If you are not being held injail, your first court date
may be anywherefrom one week to a month after arrest. Court
dates should be written on the citation or releaseforms.
What happens at the first court appearance?
The first hearing generally involvesthe appointment of counsel.
You indicate who's going to represent you: yourself, a private
attorney, or a court-appointed lawyer. Also at the first hearing,
you find out the charges against you, and respond by making a
demurrer, or entering a plea. This part is called the arraignment.
If you've been in jail up until court, the first hearing usually
focuses on release issues: bail, bond or release on your own
recognizance (OR). This part is called a bail hearing. Even if you're
not released the first time, the subject can be brought up at later
28 ASA California Legal Manual F5=` 510-251-1856 wwwAmericansForSafeAccess.org 2s
hearings. The appointment of counsel, arraignment, and bail
hearing can sometimes be separate appearances. Many people
choose to waive the right to a speedy trial at this time, called
"waiving time." This is mainly done to have the most amount of
time to plan your defense and build public support.
30
What are the choices when it's time to enter a plea?
Pleas generallyfal I into two categories: guilty and not guilty_
Normally, people only plead guilty if they've negotiated a plea
bargain. If you do not reach or want a plea bargain plead "not
guilty" and go to trial.
What happens if I don't show up for a court hearing?
If you miss a scheduled hearing, the judge will usually issue a
bench warrant. If an individual with an outstanding bench war-
rant gets into any kind of trouble, like a traffic violation, s/he is
subjectto arrest. Judges usually accept extreme excuses for miss-
ing a hearing, like funerals or medical emergencies. Conflicts with
school or work schedules are not acceptable excuses.
When does the trial happen?
When you do not waive time, trial usually occurs a month or two
after arraignment. When time is waived, trial might not begin for
many months. In both cases, trials are often preceded by hearings
at which written and/or oral "motions" are made and heard.
What goes on at trial?
At trial, you can testify if you want to. You can also put on eye
(and ear) witnesses, and possibly witnesses to testify about your
good character. In addition, you have the right to cross-examine
the witnesses against you, who will probably be law enforcement
officers. You also get to make opening and closing arguments.
The judge may try to forbid you from talking about anything
political, and even disallow mention of medical marijuana, on the
grounds that it would be irrelevant. Lawyers may be able to get
around the judge's prohibitions, but there's considerable prece-
dent (published results of earlier trials) supporting the notion
that judges can forbid discussion of political matters at trial.
Your lawyer will handle witnesses, make opening and closing
arguments, and file motions. All you do is testify. Sometimes,
people represent themselves (called pro per or pro se). In these
situations, it's useful to have an attorney as advisory counsel or
co -counsel, to help with technical legal matters.
You don't necessarily get a jury trial. The alternative is a bench
trial, or trial byjudge in which the judge hears the evidence and
ASA California Legal Manual
F>> reaches a verdict. The judge will also decide what will be allowed
�T ter
5
as testimony and evidence. In state court, you must be charged
with at least a misdemeanorto get ajury trial. Infederal court,
"L you must be charged with an offense that carries a maximum
sentence of greater than six months to get ajury trial. This
requirement rules out all infractions and most misdemeanors.
The trial ends with the verdict: guilty, not guilty, or a hung jury. If
found not guilty, celebrate. If there is a hungjury (the jury could-
n't agree on the verdict), then the prosecutor gets to decide
whether to retry you or dismissthe case. Prosecutors often give
's up or offer a really good deal at this point. If you're found guilty,
>� then the judge sentences you. The judge can either sentence you
T,, immediately after the verdict or set a separate hearing for sen-
tencing. You may be qualified to appeal this sentence or the orig-
inal
ri
--r � g• Y 4 PP 9-
,
final case ruling, so consult with an attorney.
K U
What happens at sentencing?
You can pack the courthouse. You get to make a speech, because
you have the right to allocution. This sentencing statement is nor-
mally a chance to ask for mercy and explain mitigating factors,
but activists often use it as a chance to discuss political matters,
especially if they didn't get to speak their minds at trial.
Return of Property
In nearly every case where a patient or caregiver is cited or arrest-
ed for medical marijuana, law enforcement will seize the medi-
cine and often other property they feel is connected with the
alleged offense, If this happens and you are found not guilty or
have your charges dismissed or dropped, you can petition the
court for the return of your property. The police typically do not
return property without a court order. This requires a patient to
file a motion for return of property. ASA has an ongoing return
of property campaign and has information on its website to help
you file a motion. Seewww.AmericansForSafeAccess.org/RoP
If you are certain that the property has been destroyed or is dam-
aged beyond use, you may want to sue the city or county respon-
sible for the property's damage or destruction. In this instance,
you would be filing a civil suit. This process can often take years
to complete. In order to qualify for filing a civil suit, you must
first file a claim form with the appropriate government entity no
later than 6 months after the seizure. Once the claim is denied,
you then have six monthsfrom that date to file the actual civil
suit. It may be helpful to havethe claim form and, later, the civil
suit complaint drafted by an attorney, butthat is not necessary.
Court Support and Organizing During Trials
Medical cannabis patients,are being arrested, facing trial, and
going to jail nationwide. As advocates, it is ourjob to highlight
these injustices in the courts.
What is court support?
Court support is a group of tactics used to support a patient or
provider while s/he is going through the legal system. Listed
below are some examples of tools that can be used for court sup-
port. You may want to use some or all of them depending on the
situation. Rememberthe health and safety of the defendant must
ALWAYS be your first priority.
Media:
• Get all the facts straight: Before you contact the press, make
sure you have a clear account of what has happened. Get
contact numbers for the defendant and anyone s/he would
like to speak on his/her behalf: his/her attorney, family mem-
bers, local officials, doctors etc.
• Contact local media about case: Either immediately following
the raid or a week before a hearing, send a press advisory to
local press outlets.
• Press Release: Before a courtdate, send a press release at least
24 hours i n advance. Press releases have very specific formats,
so if it is your first release, check out ASA's media manual for
tips: www.AmericansForSafeAccess.org/MediaManual
• Backgrounder: Medical cannabis trials can be very confusing.
It is a good idea to have a one-page handout to give to the
pressthat explains the specifics of the case and information
about state law and about the state -federal conflict.
• Press Conferences: Press conferences should only be between
10-30 minutes long. Having a MC can help keep things mov-
ing. Make sure everyone knows the speakers' order, only
have a press conference when there is something NEW to say,
make sure someone helps the press set up and get all the
interviews they need, and don't forget signs and visuals!
In the courtroom:
Fill the courtroom with supporters...
• Be respectful, It is often hard to sit and watch injustices
unfold in front of you, but interruptions in the courtroom
can cause ajudge to take his anger out on the defendant.
• Dressfor court. Dress like it is YOU that is on the stand, since
your appearance reflects on the defendant.
TIP: No need to draw attention to yourself, just all stand up and
leave with the defendant.
Outside the courtroom:
• Protests and rallies: Get creative! Street theater, easy -to -read
signs, marches, pickets, and large puppets can deliver a com-
plex messageto the public and to the press.
CAUTION: Be aware of laws concerning Jury tampering. Do not
hand out information aboutthe defendant oncejury selection
begins or during the trial.
Emotional Support
Going through the legal system can befinancially and emotional-
ly draining. To build a strong, vibrant movement, we must make
sure we do not let anyone slip through the cracks. Sometimes
people need an ear, sometimes a ride to court, or childcare for
their children. Don't be afraid to reach out and ask what they
need. It is important to only commit to what is viable for you.
When should you use court support?
Court support should be used anytime a medical cannabis patient
or caregiver is arrested. A defendant or even your community
may decide that a specific case may be too cloudy for the local
political landscape, and media may do more harm than good. If
this is the case, you can still do everything else but contact the
media (protests, presence in the court, emotional support etc.).
Why do court support?
• Organizing opportunity: Court cases create a crisis in a com-
munity and court support can give quiet supporters an oppor-
tunity to become active supporters.
• Community Awareness: Court cases create an opportunity to
educate your community, local media, and legislators about
the injustices surrounding medical cannabis.
• Bring the issue home: Court cases provide the opportunity to
localize and put human faces on the medical cannabis issue.
• The fate of the defendant: Simply, judges and prosecutors are
less likely to screw people in public.
How do you find rases to support?
• Keep an eye in the paper for local medical cannabis busts
• Stay in touch with people in the medical cannabis community
• Check ASA's listing of upcoming federal court dates:
www.AmericansForSafeAccess.org/UpcomingCourtDates
.�
. _1 ..- ..-I c > 510-251-1856 www AmericansForSafeAecess_ora 33
34
Get involved in the movement for safe and legal access t o med-
ical cannabis today. Our power comes from our collective action.
Whether it's calling Congress, attending rallies, organizing a local
ASA chapter, signing an online petition, or supporting federal
defendants, take action today!
What You Can Do
• Sign up for ASA's Updates, Alerts and Publications! Visit
www.AmericansforsafeAccess.org/Email Lists
• Sign-up for ASA's Condition -based Unions. To find out more
about a specific patients' union or to join one, pleaseemail
PatientsUn ion@America nsforSafeaccess.org.
• Join an ASA chapter or affiliate! ASA chapters and affiliates
representthe core of ASA's grassroots activism. If there is no
chapter or affiliate in your region, please consider starting
one today. Call 510-251-1856 x 321 or visit
www.AmericansForSafeAccess.org/Local Resources.
ASA Online Resources
Online Action Center
www.AmericansForSafeAccess.org/OnlineAction
ASA Organizer's Handbook
www.AmericansForSafeAccess.org/OrganizingHandbook
Resourcesfor Organizers
www.AmericansForSafeAccess.org/Resources
Media Resourcesfor Grassroots Organizers
www.AmericansForSafeAccess.org/GrassrootsMedia
Upcoming Court Dates
www.AmericansForSafeAccess.org/U pcomingCourtDates
Write to Medical Cannabis Prisoners
www.AmericansForSafeAccess.org/WriteToPrisoners
ASA California Lenal Manual
-............ _...._._..-.--_.-....-_-.-._---.....----................ —_
'+State cE California Medical Marijuana Rulings
People v. Trippet (1997): Under the Compassionate Use Act, a
! patient may not possessan unlimited quantity of marijuana, even if
he has physician's recommendation. InTrippett, the court held that
{ the Act provides a defensefor transportation of marijuana if the
yfi quantity transported, time and distance of transportation are reason-
ably related to the patient's medical needs.
Lungren v. Peron (1997): This case holdsthat a medical cannabis dis-
pensary cannot qualify as the primary caregiver of patients simply by
providing medical marijuanato patients.
People v Rigo (1999): A person arrested for possession or cultivation
of marijuana before obtaining a recommendation from a physician
for the medical use of marijuana may not use this defense retroac-
tively if a physician's recommendation is obtained after the arrest,
unless there is a spectacular explanation.
People v. Young(2001): In a ruling directly conflicting with People v.
Trippet ruling, the court ruledthat the Compassionate Use Act does
not protect transportation of medical marijuana.
_-I People v. Fisher(2002):Lawenforcement officers are not required
to abandon a search for marijuana authorized by a search warrant
a when a residentof the premises produces documents indicating his
status as a qualified medical marijuana patient or primary caregiver.
People v. Mower (2002):This unanimousCA Supreme Court ruling
declared that patients and their care providers are entitled to a pre-
trial hearing to determine the legitimacyof their medical marijuana
defense. If the defense is established by a preponderanceof the evi-
dence, the case should be dismissed before going to trial. In addition,
the Court ruled that the state must show proof of guilt " beyond a
reasonable doubt" in any criminal case.
People v. Jones (2003):This California Appellate Court ruling holds
that a defendant's testimony, confirming an "approval" or "recom-
mendation" by a doctor to use medical marijuana, is sufficient, with-
out verification from the doctor, to establish for ajury the defen-
S10-251-1856 www.AmericansForSafeAccess.org 35
dant's status as a medical marijuana patient.
People v. Tilehkooh (2003)This ruling criticizes the decision in
Peoplev. Bianco (2001), which held that it is within the trial court's
discretionto imposea probation condition prohibitingall marijuana
use for the offense of marijuana cultivation where the defendant's
marijuana use was found to have contributed to his offense. Instead,
the court ruled in iilehkooh that no rehabilitative purpose is served
by such probation condition in caseswhere there is no claim of diver-
sion or violent behavior by defendant. [5B 420 now expressly provides
for modification of parole conditions to accommodate one's medical
marijuana use.] Even if the court imposes probation condition for-
bidding all marijuana use, defense counsel may assertthe CUA as a
defense in any probation revocation proceeding brought against a
qualified patient.
Bearman v. Superior Court of Los Angeles (2004). -The California
Superior Court refused t o review an appellate decision blocking the
California Medical Board from searching the medical recordsof Dr.
David Bearman and the patient for whom he had recommended
medical marijuana.The doctor was being investigatedfor negligence
in prescribing marijuana for the patient. The decision protectsdoctors
and patients in possession of medical marijuanafrom violations of
their privacy rights.
People v. Konow (2004).A defendant may "informally suggest"
thatthe magistrate or superiorcourt dismissthe information orcom-
plaint "inthe interests of justice." Counsel may do this at any time,
even as early as the arraignment, or in connection with a demurrerto
the complaint, when the evidentiary foundation is laid through the
submission of the doctor's recommendation.
People v. Urriceanu (2005)The Third District Court of Appeal
affirmed the legality of collectives and cooperatives, and held that SB
420 providesfor a defenseto marijuana distribution for collectives
and cooperatives. Drawing from the Compassionate Use Act's encour-
agement of the government to implement a plan for the safe and
affordable distribution of medical marijuana, the court found that SB
420 and its legalization of collectives and cooperatives represented
the state government's initial responseto this directive. By expressly
providing for reimbursementfor marijuana and services in connection
with collectives and cooperatives, the Legislature has abrogated cases
such as Trippett, Peron and Young, and establisheda new defense to
those who form and operate collectives and cooperativesto dispense
marijuana.
People v. Wright (2006) The California Supreme Court reaffirmed
that SB 420 specifically provides an affirmative defenseto the crime
of transporting marijuana to a qualified patient or a person with a
state identification card who transports or processes marijuana for his
or her own personal medical use. In addition, the Court found that
"2 the amounts of marijuana described in SB420 (bounces of dried mari-
juana and 6 mature or 12 immature plants) constitute a floor, not a
• I ceiling, on the amount of marijuana a qualified patient may possess.
People v. Strasburg (2007): The First District Court of Appeal issued
a published decision in Peoplev. Strasburg, holding that the CUA
does not provide immunityfrom an otherwise justifiable search, such
es when an officer smells marijuana. In its words, "[a]n officer with
probable cause to search is not prevented from doing so by someone
presenting a medical marijuana card or a marijuana prescription."
County of San Diego v. San Diego NORML (2007): ASA inter-
vened in a lawsuit that the County of San Diego filed against the
California Department of Health Services in San Diego Superior Court.
Together with the ACLU Drug Reform Law Project, Drug Policy
Alliance, and representing five patients, a physician, and the
Wo/Men's Alliance for Medical Marijuana, ASA fought on behalf of
the rights of patients aaoss the state. ASA argued that federal law
does not preempt state law, and that the County must abide by the
Compassionate Use Act and SB 420. ASAs side prveailed in the
Superior Court and the Court of Appeal, as these courts unanimously
confirmed the validity of California medical marijuana laws. San
Diego petitioned the California United States Supreme Courtsfor
review of these decisions, and both courts denied review.
Garden Grove v. Superior Court(Kha) (2007): Foryears, there was
a question whether courtsshould orderthe return of medical mari-
juana that was improperly seized by the police. In Garden Grove v.
Superior Court, the court made clear that a refusal to do so violated
both the Penal Code, as well as constitutional requirements of due
process. Becausethe California Supreme Court has denied review of
the case, it is binding on all trial courts, requiring them to return
medical marijuanato qualified patientswhere there is no probable
causeto believethatthey have committed any state lawcrime.
People v. Chakos (2007): The Court of Appeal for the Fourth
Appellate District reversed appellant's convictionsfor possessing six
ounces of marijuanafor distribution based on the "expert" testimony
of a police officer that a scale, baggies, and small sum of cash evi-
denced marijuana distribution. The court found that such testimony
evinced a lack of understanding of the patterns of use of marijuana
by qualified patients, which rendered the police officer unqualified to
testify as an expert and required that his testimony be stricken.
People v. Hua (2008).The Court of Appeal for the First Appellate
36 ASA Califomia Legal Manual 510-.251-1858 www.AmericansFor5afeAccess.orci 37
District found that the police violated the defendant's right against
unreasonable searches and seizures when they entered his home
without a warrant based only on their observation that someone
inside was smoking marijuana.
People v, Mentch (2008): After several courts of appeal vey narrow-
ly construedwhat is meant by a "primary caregiver," the California
Supreme Court affirmed the Court of Appeal and held that one does
not qualify as a "primary caregiver" simply by furnishing marijuanato
a qualified patient. The Court did not, however, discuss "collectives,"
which are entirely differentthan caregivers.
People v. Phomphakdy(2008):The Court of Appeal for the Third
Appellate District (Sacramento) held that the quantities cc marijuana
specified in the Medical Marijuana Program Act (SB 420) constitute an
unconstitutional legislative amendment of a voter -approved initia-
tive.
Ross v. RagingWire Teiecommunicadons(2008): The California
Supreme Court issued a decision denying qualified medical marijuana
patients any remedyfor being terminated from their employment for
testing positivefor marijuanafor usingtheir medicine off-duty. ASA is
currentiy sponsoring legislation inthe California Legislaturethat will
overturn the R -w decision and provide employment protectionsfor
medical marijuana patients.
People v. Windus (2008): The Court of Appeal for the Second
Appellate District held that the trial court improperly denied a med-
ical marijuana defense t o the defendant. The court held that the
defendant's medical marijuana recommendation did not expire, even
though the doctor who issued it required yearly evaluations. The
court further held that patients are not bound by the quantities spec,
ified in SB 420, but may possess an amount of marijuana that iscon-
sistentwith their personal medical use.
City of Claremont v. Kruse (2009): In this published decision, the
Courtof Appeal for the Second Appellate District affirmed a prelimi-
nary and permanent injunction against a medical marijuana dispensa-
y as a nuisance because it had not obtained a business license. The
court further held that localities were not preempted by California's
medical marijuana lawsfrom issuing moratoriums on dispensaries.
Countyof Butte v. Superior Court: (2009): In 2006, ASA filed a civil
action on behalf of David Williams and the other six members of his
collective becausethe Butte County Sheriffs Office compelled him to
tear down most of the marijuana plants growing on his property,
since not all members cf the collective physically tilled the soil and,
instead, contributed to the collective in other ways. The Superior
CourtagreedthatASA had properly stated claims for damage, as
well as declaratory and injunctive relief. On July 1, 2009, the Court of
Appeal for the Third Appellate District issued a published decision
affirming the Superior Court's holding that medical marijuana
patients may state civil causes of action for violations of their rightto
be free from unreasonable searches and seizures underthe California
Constitution where they are acting in compliance with state law. This
decision is now final.
People v. Moret (2009): The Court of Appeal affirmed a superior
court order denying a man convictedof a firearm offense from using
medical marijuana as a condition of probation because he obtained
his doctor's recommendation after his conviction.
People v. Kelly (2010): The California Supreme Court issued a unani-
mous published decision striking down as unconstitutional SB 420's
legislative limits on how much medical marijuana patients may pos-
sess and cultivate.
Federal Medical Marijuana Rulings
Conant v. Walters (2002). -The Ninth Circuit Court of Appeals held
that the federal government could not punish, or threaten to punish,
a doctor merelyfor telling a patient that his or her use of marijuana
for medical use is proper. However, because it remains illegal for a
doctor to "aid and abet" a patient to obtain marijuana or conspire
with him or her to do so, the court drew the line between protected
First Amendment speech and prohibited conduct as follows — A physi-
cian may discussthe pros and cons of medical marijuana with his or
her patient, and issue awritten or oral recommendation to use mari-
juana within a bona fide doctor -patient relationship without fear of
legal reprisal. And this is so, regardless of whether s/he anticipates
that the patient will, in turn, usethis recommendationt o obtain mar-
ijuana in violation of federal law. On the other hand, the physician
may not actually prescribe or dispense marijuana to a patient, or rec-
ommend
ec,ommend it with the specific intent that the patient will usethe rec-
ommendation like a prescriptionto obtain marijuana.There have
been no such criminal or administrative proceedings against doctors
to date.
US v. Oakland Marijuana Buyers Cooperative (2002): A federal
district court issued a permanent injunction againstthe OCBC, pro-
hibiting itfrom distributing medical marijuana. The DistrictCourtwas
executing the opinion of the U.S. Supreme Courtthat heard this case
one year earlier. In that opinion, the Court declared that a person in
federal court may not argue that distribution of marijuanato
patients was a medical necessity. It specifically left open several ques-
38 ASA California Legal Manual I .A ENO 510.251.1856 wwwAmericansForSafeAccess.org 39
tions, such as constitutional limitations on federal authority, which
was then litigated in the Raich case, described below. This ruling
applied to five other medical marijuana dubs, all of which were sued
civilly along with the OCBC.
US v. Ed Rosenthal (2003 & 2007): A j u ry in San Francisco federal
court found Oakland resident Ed Rosenthal guilty of cultivating mari-
juana, conspiracyto cultivate, and maintaining place where drugs
are manufactured. Jurors were never allowed to hear evidence
regarding medical marijuana. Jurors publicly recantedtheir "not
guilty" verdict after finding out the facts that were left out of the
trial. On appeal, the Ninth Circuit reversed Rosenthal'sconvictions
because of juror misconduct. The government later re -indicted
Rosenthal, this time adding countsfor filing false tax returns and
money laundering. ASA filed a motion to dismissthe financial
charges becausethey were vindictive. The court granted the vindic-
tive prosecution motion and, after Rosenthalwas convicted again on
marijuana charges, the court again imposed a sentence of one -day
with credit for time served.
McClary-Raich v. Gonzales(2007):The Ninth Circuit Court of
Appeals put what appears to be the final touches on the Raich case
on March 14, 2007. In McClary-Raich v Gonzales, the court addressed
the outstanding issues remaining after the Supreme Court's pro-
nouncementthat the federal government hasthe authority under
the Commerce Clause to regulate medical marijuana. In particular, the
Ninth Circuit held that McClary-Raich: (1) could not obtain a prelimi-
nary injunction to bar enforcement of the Controlled Substances Act
(CSA) based on common law medical necessity, although she
appearedto satisfythe factual predicatefor such claim; (2) applica-
tion of the CSAto medical marijuana cultivators and users did not
violate substantive due process guarantees; and (3) the Tenth
Amendment does not bar enforcement of the CSA Although the
outcome was not positive, there was plenty of language in the deci-
sion that bodeswell for the future of medical marijuana. In particular,
with respectto the claim that there is a fundamental liberty interest
to use marijuana medicinally, deserving of constitutional protection,
the court stated: "We agree with Raichthat medical and convention-
al wisdom that recognizesthe use of marijuana for medical purposes
is gaining traction in the law as well. Butthat legal recognition has
notyet reachedthe point where a conclusion can be drawn that the
rightto use medical marijuana is'fundamental' and 'implicit in the
concept of ordered liberty."' The court continued: "For now, federal
law is blind to the wisdom of a future day when the right to use
medical marijuanato alleviate excruciating pain may be deemedfun-
damental. Although that day has not yet dawned, consideringthat
during the last ten years eleven states have legalized the use of med-
ical marijuana, that day may be upon us sooner than expected." Also,
s
although the court found that McClary-Raich could not affirmatively
use a common law medical necessity defenseto obtain an injunction
in a civil suit, itdid n ot foreclose th e possibil ityt h a t a criminal defen-
dant might do sa
In xe GrandJury Subpoena for THCF Mxffcal Clinic Records
(2007): The United States District Court for the Eastern Districtof
Washington quashed a subpoena directed to the State of Oregon to
reveal information about 17 patients receiving medical marijuana.
The court found that the subpoena issued by the federal government
to prove criminal violations against a medical marijuana clinic was
unreasonable, sincethe government did not have strong need for the
information and the state would be violating its own laws regarding
confidentiality to revealthe information sought, which, in addition,
would deter medical marijuana patientsfrom participating the state's
medical marijuana program. Balancingthese interests, the court con-
cluded that the subpoena should be quashed.
Special Advertising Section
"NO ONE BELONGS IN JAIL FOR MARIJUANA"
The Law Offices cf
ThxL_ �G6de
BRUCE M. MARGOLIN, ESQ.
MARIJUANA LAWS--
• 40 -Year NORML Director
• Criminal Defense
Attorney of the Year
• Superior Criminal Defense
• AU State & Federal Charges
BUSTED? CALL...
1 -800 -420 -LAWS
Call or go online for a FREE copy of
The Margolin Guide to Marijuana Laws
VVww.1800420LAWS.COM
40 ASA California legal Manual 1M 510-251-1856 www.AmericansForSafeAccess.org 41
SERVING SOUTHERN CALIFORNIA
San Diego, Orange County, Los Angeles,
Riverside, San Bernardino, Imperial....
N
*This does not constitute a guarantee, warranty,
SAN DIEGO'S MARIJUANA ATTORNEY
legal matter.
www MICHAELCINDRICH Com
MEDICAL MARIJUANA7 -DUI-._
r
POSSESSION PROBATION VIOLATIONS
SALES --.—PROBATION MODIFICATIONS`
TRANSPORTATION COLLECTIVES/COOPERATIVES
CULTIVATION RETURN OF PROPERTY
NONPROFIT FORMATION ZONING &PERMITS
RESULTS*
H511358CULTIVATION .DISMISSEDall
I
HS 11359 POSSESSION WITH INTENT TO SELL ......... .....DISMISSED
1
HS 11360 SALE OF MARIJUANA ... .:DISMISSED
HS 11360 TRANSPORTATION OF MORE THAN 28.6 GRAMS DISMISSED
F ill;Iiis
HS 11357(A) POSSESSION OF CONCENTRATED CANNABIS .....DISMISSED
a;
Lz£et,m� IVtember _ Y' ome ireek
,: AS�s :De%z}c7,er oFJiastice't�'vc's4rd:reei aunt
P
HS 11357(6) POSSESSION OF LESS THAN.28.6 GRAMS . ......DISMISSED
H5 11357(C) POSSESSION OF. MORETHAN 28.6 GRAMS .......DISMISSED
RETURN OF PROPERTY FOR 12 PLANTS & GROW EQUIPMENT ...GRANTED
James
Anthony
CALL TODAY FOR A FREE CONSULTATION
DLawyer
110 WEST C STREET, SUITE.1.3.00Specializing
SAN DIEGO, CA 92101
u,
_••_•
- •
I •-• _�
SERVING SOUTHERN CALIFORNIA
San Diego, Orange County, Los Angeles,
Riverside, San Bernardino, Imperial....
*This does not constitute a guarantee, warranty,
or prediction regarding the legal. outcome of your.
legal matter.
www MICHAELCINDRICH Com