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Questions & Answers

What does having a card protect me from being arrested from?

by HelloMD

3 years ago


Questions & Answers

What does having a card protect me from being arrested from?

by HelloMD

3 years ago


If an officer stops me when Im out in the world smoking, what is and isnt allowed? Can I be hiking? What if I live near a school? How much can I have on me? And am I allowed to grow plants? I don't want to break the law.


Answers


Answer - Dr Mark Pinto

As a health professional I would highly recommend you wait and medicate at home and then medicate only when you need it and not all day long to get high. With that said...

In theory anywhere you can legally smoke cigarettes, you can now medicate with your recommendation, unless there are signs posted stating otherwise. You can medicate on your hike so long as you are not hiking on Federal Land. Medical Marijuana patients are not protected while on federal parl land or forest land in California. At least according to the Medical Marijuana Regulation and Safety Act (MMRSA), which took effect January 1 , 2016, cultivation and dispensary facilities must be at least 600 ft from schools. This would imply that if you lived more than 600 ft from any school you would definately be ok. If you lived within 600 ft as long as your are in the privacy of your own home you shouldn't have a problem. Out of site, out of mind is usually the best advice I could give you. You are allowed by the State of California to grow cannabis plants but unfortunately you also need your local City and County's approval as well. If you live in a Cannabis friendly City and County, then according to the MMRSA qualified patients are exempt from the state permit program if cultivating less than 100 square feet for personal medical use.

As a health professional I would highly recommend you leave your medication at home in a secure area. If you do need to carry your medication always have your recommendation with you at all times.

Again with that said... How much you can have on you is also anyone's guess at this point. The passage of Senate Bill 420 included the patient amounts of 12 immature or 6 mature plants, a half pound (8 ounces) dry marijuana weight. These amounts were ruled unconstitutional with the People vs Kelly decision. In essence a qualified patient could decide for themselves how much marijuana they required for their condition, 1 pound, 2 pounds, etc. However law enforcement also had the latitude to judge for themselves as to whether they feel the amount they see is consistent with the patient's needs. And now we have the MMRSA which took out dry weight limits altogether. The only limitations now are cultivation size, 100 square feet or less - no state permit required. If you want to cultivate in a larger area - no problem, you are now legally allowed to as long as you get a State permit and local City and County approval.

  1. Look up your City and County Ordinances, and follow them
  2. Carry no medication or the least amount of medical on you at all times
  3. Always have your recommendation with you when you have your medication
  4. For more legal advise, I would recommend - California NORML (www.canorml.org)

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