Policy Text
Policy Delano Police Department
424 Delano PD Policy Manual
Medical Marijuana
424.1 PURPOSE AND SCOPE
The purpose of this policy is to provide members of this department with guidelines for investigating
the acquisition, possession, transportation, delivery, production or use of marijuana under
California’s medical marijuana laws.
424.1.1 DEFINITIONS
Definitions related to this policy include:
Cardholder - A person issued a current identification card.
Compassionate Use Act (CUA) (Health and Safety Code § 11362.5) - California law intended to
provide protection from prosecution to those who are seriously ill and whose health would benefit
from the use of marijuana in the treatment of illness for which marijuana provides relief. The CUA
does not grant immunity from arrest but rather provides an affirmative defense from prosecution
for possession of medical marijuana.
Identification card - A valid document issued by the California Department of Public Health to
both persons authorized to engage in the medical use of marijuana and also to designated primary
caregivers.
Medical marijuana - Marijuana possessed by a patient or primary caregiver for legitimate medical
purposes.
Medical Marijuana Program (MMP) (Health and Safety Code § 11362.7 et seq.) - California laws
passed following the CUA to facilitate the prompt identification of patients and their designated
primary caregivers in order to avoid unnecessary arrests and provide needed guidance to
law enforcement officers. MMP prohibits arrest for possession of medical marijuana in certain
circumstances and provides a defense in others.
Patient - A person who is entitled to the protections of the CUA because he/she has received
a written or oral recommendation or approval from a physician to use marijuana for medical
purposes or any person issued a valid identification card.
Primary caregiver - A person designated by the patient, who has consistently assumed
responsibility for the patient’s housing, health or safety, who may assist the patient with the medical
use of marijuana under the CUA or the MMP (Health and Safety Code § 11362.5; Health and
Safety Code § 11362.7).
Statutory amount - No more than 8 ounces of dried, mature, processed female marijuana flowers
(“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12
immature marijuana plants (roots, stems and stem fibers should not be considered) (Health and
Safety Code § 11362.77).
Copyright Lexipol, LLC 2019/12/06, All Rights Reserved. Medical Marijuana - 1
Published with permission by Delano Police Department