Policy Text
Policy
450Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentMedical Cannabis - 1Medical Cannabis
450.1 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 cannabis
under California’s medical cannabis laws.
450.1.1 DEFINITIONS
Definitions related to this policy include:
Cardholder - A person issued a current identification card from the California Department of Public
Health.
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 cannabis in the treatment of illness for which cannabis provides relief. The CUA
does not grant immunity from arrest but rather provides an affirmative defense from prosecution
for possession of medical cannabis.
Identification card - A valid document issued by the California Department of Public Health to
both persons authorized to engage in the medical use of cannabis and also to designated primary
caregivers.
Medical Cannabis - cannabis possessed by a patient or primary caregiver for legitimate medical
purposes.
Medical Cannabis 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 cannabis 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 cannabis 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 cannabis 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 cannabis flowers
(“bud”) or the plant conversion (e.g., kief, hash, hash oil), and no more than six mature or 12
immature cannabis plants (roots, stems and stem fibers should not be considered) (Health and
Safety Code § 11362.77).
Mountain View Police Department
Mountain View PD Policy Manual
Medical Cannabis
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentMedical Cannabis - 2450.2 POLICY
It is the policy of the Mountain View Police Department to prioritize resources to forgo making
arrests related to cannabis that the investigating officer reasonably believes would not be
prosecuted by state or federal authorities.
California’s medical cannabis laws are intended to provide protection to those who are seriously
ill and whose health would benefit from the use of medical cannabis.
However, California medical cannabis laws do not affect federal laws and there is no medical
exception under federal law for the possession or distribution of cannabis. The Mountain
View Police Department will exercise discretion to ensure laws are appropriately enforced
without unreasonably burdening both those individuals protected under California law and public
resources.
450.3 INVESTIGATION
Investigations involving the possession, delivery, production or use of cannabis generally fall into
one of several categories:
(a)Investigations when no person makes a claim.
(b)Investigations when a medicinal claim is made by a cardholder.
(c)Investigations when a medicinal claim is made by a non-cardholder.
450.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM
In any investigation involving the possession, delivery, production or use of cannabis where no
person claims that the cannabis is used for medicinal purposes, the officer should proceed with a
criminal investigation if the amount is greater than permitted for personal use under the Control,
Regulate and Tax Adult Use of Marijuana Act (Health and Safety Code § 11362.1; Health and
Safety Code § 11362.2). A medicinal defense may be raised at any time, so officers should
document any statements and observations that may be relevant to whether the cannabis was
possessed or produced for medicinal purposes.
450.3.2 INVESTIGATIONS INVOLVING A MEDICINAL CLAIM MADE BY A CARDHOLDER
A cardholder or designated primary caregiver in possession of an identification card shall not be
arrested for possession, transportation, delivery or cultivation of medical cannabis at or below
the statutory amount unless there is probable cause to believe that (Health and Safety Code §
11362.71; Health and Safety Code § 11362.78):
(a)The information contained in the card is false or falsified.
(b)The card has been obtained or used by means of fraud.
(c)The person is otherwise in violation of the provisions of the MMP.
(d)The person possesses cannabis but not for personal medical purposes.
Mountain View Police Department
Mountain View PD Policy Manual
Medical Cannabis
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentMedical Cannabis - 3Officers who reasonably believe that a person who does not have an identification card in his/her
possession has been issued an identification card may treat the investigation as if the person had
the card in his/her possession.
Cardholders may possess