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 MEDICAL MARIJUANA - Do's & Don'ts

MEDICAL MARIJUANA  - Do's & Don'ts

 

A GUIDELINE FOR SONOMA COUNTY PHYSICIAN-APPROVED PATIENTS

 

      The following guidelines should not be relied on as legal advice - SAMM is not a legal service's provider.  The list merely attempts to describe the best way to avoid conflict with local law enforcement.  It is based on SAMM's previous discussions with law enforcement officials, as well as communications with patients and caregivers who have been investigated, arrested or prosecuted.  If you have any questions about whether you are protected by the Compassionate Use Act or Senate Bill 420, you should discuss your specific situation with an attorney.

 

 

  1. Do get a written approval/recommendation signed only by a currently licensed California physician (M.D. or D.O., not a chiropractor or other health care professionals).  Or, obtain a copy of your medical file stating you are approved.  An oral approval is legal but requires the doctor's testimony.

 

  1. Do keep your approval current by renewing it at least once per year.

 

  1. Do request that the physician use the words "approve" or "recommend", or other terms that indicate approval on your paperwork.

 

  1. Do have your doctor note your marijuana usage (e.g. 3.5 grams /day) on your paperwork.  If you are approved for more than that it is imperative to have that noted so you can provide evidence that your usage exceeds the Guidelines.  You may cultivate and possess more than the Guidelines with proper documentation.

 

  1. Do keep a scale to weigh out dosages and document your yield.

 

  1. Do possess the "SAMM Garden Guide" and follow the cultivation Guidelines.  Do know your garden’s canopy as Sonoma’s Guidelines are based on plant canopy.

 

  1. Do possess an amount of marijuana that is reasonably related to your approved medical usage and is consistent with the Guidelines.

 

  1. Do store your physician-approved cannabis in clearly labeled packages consistent with your usage.

 

  1. Do consider applying for a voluntary Medical Marijuana Identification Card from the Sonoma County Department of Health Services (707) 565-4442.  This ID Card, while not required by law, is extra protection from arrest and seizure of medicine for patients and caregivers, and is valid statewide.  We recommend it.

 

  1. Do establish a consistent relationship with your caregiver or co-op gardener.  Make sure they are knowledgeable about your medical condition and your contact information.  Give your caregiver copies of your approval, usage, and a copy of your ID Card if you have one.  Work out reimbursements for costs and labor.

 

  1. Do post your approval and other appropriate paperwork (photocopy of your ID Card) in your garden, and with your stored medicine.

 

  1. Do carry a copy of your approval/recommendation and state ID Card.  If being questioned by law enforcement be courteous and provide your identification.  Politely refuse to answer any further questions.  Ask to talk to an attorney.  ID Cards from dispensaries will not protect you from arrest.

 

  1. Do not consent to a search of your person, property, residence, or vehicle without a "search warrant".  If you are served an "arrest warrant" you should immediately ask for an attorney and remain silent until you have consulted with him or her.

 

  1. Do seek reimbursement from your home insurance carrier if your medical marijuana is stolen or seized.  Companies usually require a police report of the incident.

 

  1. Don't possess illegal guns or weapons.  Registered guns or other weapons need to be unloaded and locked up.  Store ammunition separately.

 

  1. Don't possess illegal substances.

 

  1. Don't transport more cannabis than is approved by your physician, an amount greater than the Guidelines allow, or an amount of cannabis greater than what is "reasonably related to the patient's current medical needs".  Control the odor as that is probable cause for a search.  Store it in the trunk or out of reach of the driver.  Be aware that when driving out of Sonoma County that the state default limit is 8oz. of dried cannabis, 6 mature plants or 12 immature plants.

 

  1. Don't have large sums of money unless you can document its source.  Store money separate from your medical marijuana.

 

 

Well informed patients minimize their risk of arrest and seizure of medicine!  If you want to be legal you need to be informed.

 

 

Revised: February 13, 2006