Local Prop 215 Cultivation & Possession Guidelines for Medical Marijuana under California State Law SB 420

Explanation of SB420 Guidelines

*** Localities NOT listed below adhere to CA state default guidelines of 6 mature / 12 immature plants & 8 oz. of dried processed marijuana

Berkeley

Ordinance allows 10 plants and 2.5 lbs per patient, or up to 50 plants, 12.5 lbs for collectives.

Butte Co.

County guidelines : 6 mature or 12 immature plants, 1 pound processed material. Official Butte County policy regarding caregivers, collectives, and coops.

Calaveras Co.

Board of Supervisors approved: 6 plants and 2 pounds.

Del Norte Co.

County repealed former guidelines (namely, 100 square feet cultivation area and 99 plants or fewer; one pound possession). State guidelines presumed in effect as of June 2008.

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.

Mendocino Co.

Status unclear pending vote on Mendocino Measure B June 2008. Measure B would adopt state limits and revoke previous Measure G limits of 25 plants & 2 lbs. processed marijuana per patient.
Patients may obtain zip-ties for medical marijuana plants from the Sheriff's Dept (707) 463-4411.

Nevada Co.

New policy Jun 2007: Cultivation: 6 mature female plants or 75 square feet of plant canopy (previously 10 plants not to yield more than 2 lbs). Possession: 2 lbs processed marijuana - consistent with patient's recommendation.

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. Collective gardens limited to 3 patients. Dispensaries serving four or more patients are allowed max. 6 mature and 12 immature 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. Text of San Diego Guidelines

San 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.

Santa Cruz

County guidelines allow cultivation of up to 100 sq feet of canopy and 3 lbs of marijuana.

 

Sonoma Co.

Guidelines permit 3 lbs for possession; maximum 100 square feet cultivation area with 30 plants or fewer (approved Sept 2006)

Trinity Co.

Guidelines permit 3 lbs for possession; 12 mature and/or 24 immature plants (up to 36 total).

 

State Limits Under SB 420

(Health &Safety Code 11362.77)

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 retain 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.

SB 420 Enforcement Guidelines

• 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 above are those localities that have adopted limits above the state limit.
• 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)). While police are often reluctant to recognize such exemptions, they are helpful in court.
• The legality of the SB 420 limits is disputed. In a recent decision, People v. Kelly (May 2008), the 2nd District Court of Appeals ruled that the limits on medical marijuana possession and cultivation as laid out in H&SC 11362.77 are unconstitutional insofar as they restrict patients' rights under Prop. 215. The full implications of this ruling are unclear, and it is being appealed to the California Supreme Court. It is the view of California NORML's attorneys that the SB 420 limits may still be validly used as guidelines to protect patients with state ID cards from arrest, but it remains to be seen how the courts decide.
• 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.