Sacramento, CA: According to recent media reports, Attorney General Edmund G. (Jerry) Brown is currently privately circulating to top state and law enforcement officials the “final draft” of his long-awaited rules for ensuring “the security and non-diversion of marijuana grown for medical use.” These, when finalized, will be the first definitive guidelines provided by the state of California in the decade plus since Prop. 215 was approved by the voters.
According to the attorney general, these guidelines are intended to accomplish three objectives: to avoid diversion of marijuana grown for authorized patients; to help law enforcement understand and apply the law consistently throughout the state; and to “help patients and caregivers …cultivate, transport, possess, and use marijuana under California law.”
Brown, who earlier announced his intension to appeal the recent Kelly decision (People v. Kelly), holding SB 420, the act passed by the legislature that placed limits on the amount of medical marijuana a patient could legally possess, to be an unconstitutional infringement on the power of voters to adopt state policy via initiative. Brown has consistently indicated his opposition to private dispensaries, and his draft guidelines reportedly reflect that position, and may present a new challenge to dispensaries.
Brown’s draft guidelines reportedly have this to say about dispensaries: “Although medical marijuana ‘dispensaries’ have been operating in California for years, dispensaries, as such, are not recognized under the law.” Individuals who operate dispensary establishments “that do substantially comply with [the] guidelines… may be subject to arrest and prosecution under California law.”
For patients who may possess more than the authorized amount, the guidelines also reportedly present a problem. “If a person has what appears to be valid medical marijuana documentation, but exceeds the applicable possession guidelines identified above, all marijuana may be seized. “
On the positive side, patients would reportedly be entitled to the return of their authorized medical marijuana from law enforcement, once their authorization was verified, and state officers would be protected from liability for following this guideline.
For more information, contact NORML Legal Counsel Keith Stroup or California NORML director Dale Gieringer or call 415-563-5858.