Sacramento: State and local law enforcement should not arrest state qualified patients who possess, cultivate, or travel with medical marijuana, according to new guidelines issued this week by the California Attorney General’s office.
According to the guidelines, authorized patients and primary caregivers may possess up to eight ounces of dried marijuana, and may maintain no more than six mature plants or 12 immature plants, unless a doctor recommends more. However, a recent decision by California’s 4th District Court of Appeals determined that legislators could not legally impose limits on the amount of medical cannabis patients may possess. State Attorney General Jerry Brown is appealing the decision.
The guidelines encourage patients to participate in the California Department of Public Health’s registration program to obtain a medical marijuana identification card. Currently, the cities of San Diego and San Bernardino are challenging the legality of the ID-card program.
Under the new guidelines, the distribution and non-profit sales of medical cannabis is permitted by qualified “collectives and cooperatives.” By contrast, the guidelines warn that ‘storefront’ business that engage in the for-profit sales of medical marijuana “are likely operating outside the protections” of state law.
“We are not going to harass legitimate clubs,” Brown said. “[But we will] target … those clubs that are part of a larger criminal operation.”
Full text of the Attorney General’s guidelines.
For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500, or Dale Gieringer, CA NORML Coordinator, at (415) 563-5858.