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PROPOSALS

RECOMMENDATION

By consensus, the Medical Marijuana Working Group recommends adoption of the following policy:

The Police Service Agency implements the low-priority policy as follows:

  1. Marijuana-related activities are not targeted by the Police Services Agency.  The Agency investigates and becomes involved in marijuana-related activities (1) as a result of citizen complaints, (2) incident to law enforcement activities related to violation of laws unrelated to marijuana activities, or (3) due to public activity involving marijuana that provides probable cause for investigation.
  2. Persons who come into contact with law enforcement will not be cited or arrested and marijuana in their possession will not be seized if all of the following conditions are met:

        A.  Status as a Caregiver or Patient is established--the person establishes medicinal use or primary care giver status to the satisfaction of the officer who makes the initial contact;

        B.  Amount of Marijuana

            a.  The medical marijuana patient possesses

                1.  Less than one and one-half pounds of marijuana in particle form, or the caregiver possesses no more than the amount specified above for each patient as to whom primary caregiver status is established to the officer's satisfaction.

                    (I)  Indoor Plants--no more than 48 plants in flowering stage

AND-no more than 96 plants if the plants are indoors and less than 48 are flowering.

                    (II)  Outdoor Plants--no more than 30 plants in flowering stage

OR-no more than 60 plants if less than 30 are flowering

                    (III) Combination of Indoor and Outdoor plants--no more than a total of 144 plants, provide that the maximum amounts for indoor and outdoor plans specified above (i.e. 30 flowering outdoor plants and 48 flowering indoor plants), may not be exceeded.

            b.  The primary caregiver possesses no more than the amounts specified above for each of the patients for whom proof of primary caregiver status is established to the officer's satisfaction.

        C.  The person completes a statement admitting ownership, possession and amount.

        D.  The person is not taken into custody for violation of laws unrelated to marijuana activities.

  1. An individual will not be cited and/or arrested and marijuana in his/her possession will not be seized if:

        A.  The individual does not establish primary caregiver status or medicinal use status to the officer's satisfaction, but  based on the totality of the circumstances the officer determines that there is no evidence of criminal activity (e.g., intent to sell, informants, witnesses, sales records, etc...) and that the individual's claim of medicinal use or primary caregiver status is credible.

        B.  The person completes a statement admitting ownership, possession and amount.

        C.  The person is not taken into custody for violation of laws unrelated to marijuana activities.

        D.  The person provides proof of medicinal use or caregiver statue.

        E.  The person possesses less than the amounts specified in the applicable provision of II, above.

  1. Consistent with the low-priority policy, the Police Department does not pursue law enforcement activities with respect to the Cannabis Buyers' Cooperative's operations unless citizen complaints or other reports or information dictate such action.
  2. Persons who fail to establish medicinal use or primary caregiver status to the satisfaction of the officer and whose claim of such status is not determined by the officer to be credible, may be cited and arrested and Marijuana in their possession may be seized and turned into Criminalistics Division in accordance with standard police procedure.
  3. No law enforcement action will be taken without the consultation and approval of a Command Officer.
  4. The purpose of the foregoing policy guidelines is to assist the Police Services Agency in implementing the City's low-priority policy.  These policy guidelines are not intended to and shall not be interpreted to override an officer's judgment and discretion based on a case-by-case evaluation of the totality of the circumstances or to interfere with the officer's sworn duty to enforce applicable law.  It is understood by the City's policymakers that the low-priority policy does not guarantee that every individual who is a patient or caregiver within the meaning of Proposition 2154, will not be arrested, cited or have his/her marijuana seized.
  5. The Police Department will develop an appropriate training bulletin to implement the policies adopted by the Council.

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