The MENDOCINO COUNTRY Independent 5/17/10

Adapted from Sheriff’s Medical Marijuana Arrest Guidelines for Deputies published August, 2009

            Adapted by Richard Johnson to reflect Kelly California Supreme Court Decision, January 2010.

Sheriff Tom Allman, 2009 photo RJ
B. Medical Marijuana Program Cardholders:
 1. A qualified patient who presents a valid MMP identification card shouldnot be subject to arrest for possession, transportation, delivery orcultivation so long as the amount of marijuana does not exceed 6 mature or 12 immature marijuana plants and not more than 8 ounces of dried marijuana. what is reasonably necessary for the patient’s immediate medical need.            

            2. A primary caregiver who presents one or more valid MMP identification cards should generally not be subject to arrest for possession, transportation, delivery or cultivation so long as the amount of marijuana does not exceed the amounts allowable per-patient multiplied by the  number of valid MMP cards.

             3. Subsections 1. & 2. above do not apply when there is evidence that an MMP card is being used fraudulently, or there is indicia of other illegal activity (i.e. weapons, illicit drugs, or excessive amounts of cash).

            4. A qualified patient or primary caregiver may possess a greater quantity of medical marijuana if the qualified patient has a specified in a doctor’s recommendation. that the amounts listed above do not meet the patient’s medical needs for the amount they possess.

            In no event however shall the amount of medical marijuana possessed, transported, delivered or cultivated exceed that which is consistent with the qualified patient‘s personal medical needs.

            5. In no event may the total amount of marijuana possessed by a qualified patient and that patient’s primary caregiver exceed the amounts allowed for the qualified patient alone.           

C. Non-Cardholders:

            1. Qualified patients and primary caregivers may present other evidence that they are entitled to the protections of § 11362.5, such as a written recommendation from a licensed California physician.

            2. Deputies need not abandon their search or investigation. The standard rules of search and seizure apply. 

            3.  Documentation should be reviewed for validity.

            4. If, based on the totality of the circumstances, the deputy believes that the medical-use claim is valid and the person is within the possession limits set for MMP cardholders, then the person should not be arrested and themarijuana should not be seized.

            5. If the deputy has probable cause to doubt the validity of a person’s medical marijuana claim based upon the facts and circumstances known to the deputy at the time, then the person may be arrested and all the marijuana may be seized. It will then be up to the person to establish his or her medical marijuana defense in court.

            6. Deputies are not obligated to accept a person’s claim of having a verbal recommendation from a physician that cannot be readily verified with the physician at the time of detention.

 
D. Exceeding Possession Limits:

            1. If a person has what appears to be a valid MMP card or medical marijuana documentation, but possesses more  than what is reasonably necessary for their immediate medical need, then the person may be arrested and all marijuana may be seized.  

            This also applies to primary caregivers who may have multiple MMP cards or medical marijuana documentation for multiple qualified patients.

            2. Deputies who seize marijuana pursuant to this subsection from an otherwise qualified patient or primary caregiver need not leave any allowable amount of marijuana behind but may do so based on their sound professional judgment and the totality of the circumstances.