Pinch
Well-Known Member
This is the most update data base I've seen. Read and heed.
Proposition 215 Enforcement Guidelines
A new state law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC 11362.77(a)).
Counties and cities are authorized to establish higher (but not lower) limits if they wish (H&SC 11362.77(c)). Listed below are those localities that have adopted limits above the state limit. COUNTIES NOT LISTED BELOW ADHERE TO THE STATE LIMITS OF 6 MATURE/12 IMMATURE PLANTS and 8 OUNCES.
Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more (H&SC 11362.77(b)).
Under SB 420, patients are not legally protected from arrest unless they have an official state ID card issued by the State Dept of Health. As of Jan 1, 2005 no state ID cards were yet available. The Dept. of Health has announced plans to start a pilot ID system in a few counties by summer 2005, and to have a full statewide system in effect by the end of the year. In the meantime, some law enforcement officials, including the California Highway Patrol, have a policy of arresting all patients regardless of whether they are within the SB 420 limits.
The legality of the SB 420 limits is disputed. California NORML attorneys maintain that SB 420 cannot constitutionally limit the amount of marijuana patients can legally have insofar as Prop. 215 allows them to possess and cultivate whatever is necessary for their personal medical needs. However, this issue has not been settled by the courts. Currently, patients who exceed the limits risk being arrested and having to defend themselves in court. Any patient who needs more than the limits is strongly advised to obtain a physician's exemption.
Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.
In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials.
Local Enforcement Guidelines
(Localities not listed below adhere to SB 420 state default guidelines)
Berkeley
Ordinance allows 10 plants and 2.5 lbs per patient, or up to 50 plants, 12.5 lbs for collectives.
Butte Co.
Sheriff and DA jointly stipulate: 6 plants and/or 1 pound processed material
Calaveras Co.
Board of Supervisors approved: 6 plants and 2 pounds.
Del Norte Co.
County adopted Sonoma cultivation guidelines with maximum 100 square feet cultivation area and 99 plants or fewer; one pound possession limit (approved by Board of Supervisors 4/22/02)
El Dorado Co.
Sheriff & DA policy: Indoors - 10 flowering plants + 10 vegging + 1 mother; Outdoors: 20 starters or 10 mature plants, 1 - 2 lb processed marijuana depending on season of year. Details of El Dorado guidelines
Humboldt Co.
County guidelines allow patients 100 square feet and 3 lbs w/ no plant number limit. City of Eureka PD and CHP enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb
Patient ID cards available for county residents from Dept. of Public Health ((707)268-2185.
Kern Co.
State limit in effect - (D.A. no longer allows up to 49 plants and 2 pounds)
Marin Co.
Patient ID cards available from Dept of Health (415) 499-3288.
Mendocino Co.
Sheriff and DA policy: 25 plants in no more than 100 sq ft, 2 lbs. processed marijuana per patient.
Patient ID cards available for country residents from Sheriff's Dept (707) 463-4411.
Nevada Co.
10 plants (not to yield more than 2 lbs); 2 lbs processed marijuana
Oakland
Indoors - 72 plants in maximum 32 sq. ft growing area. Outdoors - 20 plants, no area limit. Weight limit 3 lbs dried marijuana per patient. Caregivers with four patients or more allowed max. 18 plants and 1/2 pound per patient.
San Diego (also Chula Vista)
City Council guidelines allow up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses. Patient ID program to be established. Text of San Diego Guidelines
Francisco
Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient.
City ordinance establishes ID card system run by SF Health Department (415) 554-2890 for residents of S.F, San Mateo, Santa Clara, Marin, Sonoma counties.
Santa Cruz
County guidelines allow cultivation of up to 100 sq feet of canopy and 3 lbs of marijuana.
City ordinance regulates cannabis clubs, allows physician's diagnosis for recommendation. County ID cards available from the Health Dept (831) 454-3431.
Sonoma Co.
DA's guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 99 plants or fewer (note - sheriff has sought reduction to 25 plants, but this has not been implemented). Patients may have recommendations approved through Sonoma Medical Association.
State Guidelines Under SB 420 (Health & Safety Code 11362.7)
H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than sisx mature or 12 immature marijuana plants per qualified patient.
H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meed the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
H&SC 11362.77 (c) Counties and cities may retian or enact medical marijuana guidelines allowing qualifieid patients or primary caregivers to exceed the state liits set forth in subdivision (a).
H&SC 11362.77 (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.
Proposition 215 Enforcement Guidelines
A new state law, SB 420 (Health & Safety Code 11362.7), which took effect on Jan. 1, 2004, protects Prop. 215 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana (H&SC 11362.77(a)).
Counties and cities are authorized to establish higher (but not lower) limits if they wish (H&SC 11362.77(c)). Listed below are those localities that have adopted limits above the state limit. COUNTIES NOT LISTED BELOW ADHERE TO THE STATE LIMITS OF 6 MATURE/12 IMMATURE PLANTS and 8 OUNCES.
Patients who need more marijuana can be exempted from these limits if they obtain a physician's statement specifying that they need more (H&SC 11362.77(b)).
Under SB 420, patients are not legally protected from arrest unless they have an official state ID card issued by the State Dept of Health. As of Jan 1, 2005 no state ID cards were yet available. The Dept. of Health has announced plans to start a pilot ID system in a few counties by summer 2005, and to have a full statewide system in effect by the end of the year. In the meantime, some law enforcement officials, including the California Highway Patrol, have a policy of arresting all patients regardless of whether they are within the SB 420 limits.
The legality of the SB 420 limits is disputed. California NORML attorneys maintain that SB 420 cannot constitutionally limit the amount of marijuana patients can legally have insofar as Prop. 215 allows them to possess and cultivate whatever is necessary for their personal medical needs. However, this issue has not been settled by the courts. Currently, patients who exceed the limits risk being arrested and having to defend themselves in court. Any patient who needs more than the limits is strongly advised to obtain a physician's exemption.
Despite supposed protections of SB 420 and Prop 215, patients may still be arrested if law enforcement suspects they are outside the law, for example, by being involved in illegal sales or distribution, or growing plants with excessive yields.
In general, the state Attorney General has given local authorities discretion in how they enforce Prop. 215, as explained in a letter to local law enforcement officials.
Local Enforcement Guidelines
(Localities not listed below adhere to SB 420 state default guidelines)
Berkeley
Ordinance allows 10 plants and 2.5 lbs per patient, or up to 50 plants, 12.5 lbs for collectives.
Butte Co.
Sheriff and DA jointly stipulate: 6 plants and/or 1 pound processed material
Calaveras Co.
Board of Supervisors approved: 6 plants and 2 pounds.
Del Norte Co.
County adopted Sonoma cultivation guidelines with maximum 100 square feet cultivation area and 99 plants or fewer; one pound possession limit (approved by Board of Supervisors 4/22/02)
El Dorado Co.
Sheriff & DA policy: Indoors - 10 flowering plants + 10 vegging + 1 mother; Outdoors: 20 starters or 10 mature plants, 1 - 2 lb processed marijuana depending on season of year. Details of El Dorado guidelines
Humboldt Co.
County guidelines allow patients 100 square feet and 3 lbs w/ no plant number limit. City of Eureka PD and CHP enforce SB 420 limits (6 mature/12 immature plants, 1/2 lb
Patient ID cards available for county residents from Dept. of Public Health ((707)268-2185.
Kern Co.
State limit in effect - (D.A. no longer allows up to 49 plants and 2 pounds)
Marin Co.
Patient ID cards available from Dept of Health (415) 499-3288.
Mendocino Co.
Sheriff and DA policy: 25 plants in no more than 100 sq ft, 2 lbs. processed marijuana per patient.
Patient ID cards available for country residents from Sheriff's Dept (707) 463-4411.
Nevada Co.
10 plants (not to yield more than 2 lbs); 2 lbs processed marijuana
Oakland
Indoors - 72 plants in maximum 32 sq. ft growing area. Outdoors - 20 plants, no area limit. Weight limit 3 lbs dried marijuana per patient. Caregivers with four patients or more allowed max. 18 plants and 1/2 pound per patient.
San Diego (also Chula Vista)
City Council guidelines allow up to 1 lb of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses. Patient ID program to be established. Text of San Diego Guidelines
Francisco
Patients allowed up to 24 plants or 25 square feet of canopy; dispensary gardens capped at 99 plants in 100 square feet. Possession limit 8 oz. dried cannabis per patient.
City ordinance establishes ID card system run by SF Health Department (415) 554-2890 for residents of S.F, San Mateo, Santa Clara, Marin, Sonoma counties.
Santa Cruz
County guidelines allow cultivation of up to 100 sq feet of canopy and 3 lbs of marijuana.
City ordinance regulates cannabis clubs, allows physician's diagnosis for recommendation. County ID cards available from the Health Dept (831) 454-3431.
Sonoma Co.
DA's guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 99 plants or fewer (note - sheriff has sought reduction to 25 plants, but this has not been implemented). Patients may have recommendations approved through Sonoma Medical Association.
State Guidelines Under SB 420 (Health & Safety Code 11362.7)
H&SC 11362.77(a). A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than sisx mature or 12 immature marijuana plants per qualified patient.
H &SC 11362.77 (b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meed the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
H&SC 11362.77 (c) Counties and cities may retian or enact medical marijuana guidelines allowing qualifieid patients or primary caregivers to exceed the state liits set forth in subdivision (a).
H&SC 11362.77 (d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.
