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Policy 426Santa Monica Police Department Santa Monica Police Department Policy Manual Copyright Lexipol, LLC 2019/02/27, All Rights Reserved. Published with permission by Santa Monica Police DepartmentMarijuana Policy - 1Marijuana Policy 426.1 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 marijuana laws. 426.1.1 DEFINITIONS Definitions related to this policy include: Cardholder - A qualified patient or primary caregiver who has been issued a current identification card by the State Department of Public Health pursuant to Health and Safety Code § 11362.7. 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. Qualified 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 (Health and Safety Code § 11362.7(f)). 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 - Pursuant to current state law (Health and Safety Code § 11362.1 and § 11362.77(a)(b)), a person 21 years and over may possess no more than eight (8) ounces of dried, mature, processed female marijuana flowers (“bud”) or the plant conversion (e.g., kief, Santa Monica Police Department Santa Monica Police Department Policy Manual Marijuana Policy Copyright Lexipol, LLC 2019/02/27, All Rights Reserved. Published with permission by Santa Monica Police DepartmentMarijuana Policy - 2hash, hash oil), and no more than six (6) mature or twelve (12) immature marijuana plants (roots, stems and stem fibers should not be considered). 426.2 POLICY It is the policy of the Santa Monica Police Department to prioritize resources to forgo making arrests related to marijuana that the arresting officer reasonably believes would not be prosecuted by state or federal authorities. California’s medical marijuana laws are intended to provide protection to those who are seriously ill and whose health would benefit from the use of medical marijuana. However, California medical marijuana laws do not affect federal laws and there is no medical exception under federal law for the possession or distribution of marijuana. The Santa Monica Police Department will exercise discretion to ensure laws are appropriately enforced without unreasonably burdening both those individuals protected under California law and public resources. 426.3 INVESTIGATION Investigations involving the possession, delivery, production or use of marijuana generally fall into one of several categories: (a) Investigations when no person makes a medicinal claim. (b) Investigations when a medicinal claim is made by a cardholder. (c) Investigations when a medicinal claim is made by a non-cardholder. 426.3.1 INVESTIGATIONS WITH NO MEDICINAL CLAIM In any investigation involving the possession, delivery, production or use of marijuana or drug paraphernalia where no person claims that the marijuana 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 marijuana was possessed or produced for medicinal purposes. 426.3.2 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 marijuana 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. Santa Monica Police Department Santa Monica Police Department Policy Manual Marijuana Policy Copyright Lexipol, LLC 2019/02/27, All Rights Reserved. Published with permission by