Police Department Policy

UCSF_05.16.15_-_California_Medical_Marijuana__265390

UCSF PD

Policy Text
University of California, San Francisco Police Department General Orders 1 5.16 Organized Crime and Vice Control: Operations 5.16.15 California Medical Marijuana Program (MMP) (Revised: 7/18/18) A. Purpose The purpose of this order is to establish law enforcement guidelines pertaining to the California Medical Marijuana Program (MMP). B. Background 1. In 1996, Proposition 215 was passed by California voters legalizing the personal possession of marijuana for medical purposes if prescribed by a medical doctor. The Senate Bill SB 420 was filed i nto legislation in Chapter 875 on October 12, 2003. 2. Medical use of marijuana means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her debilitating medical condition. 3. A “designated primary caregiver” is defined as an individual eighteen years of age or older who has significant responsibility for managing the wellbeing of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person’s application for a registry identification card or in other written notification to the California Department of Health Services. “Designated primary caregiver” does not include the person’s attending physician. 4. A registry identification card is a document issued by the Califor nia Department of Public Health that identifies a person authorized to engage in the medical use of marijuana and th e person’s designated primary caregiver, if any. 5. Persons who have in their possession a valid MMP card may possess less than one ounce of usable marijuana, three mature plants and four immature plants. Usable marijuana is defined as dried leaves and fl owers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use as allowed in the MMP. 6. Usable marijuana does not include seeds, stalks and roots of the plant. A marijuana plant shall be consider ed mature when male or female flower buds are readily observed on the plant by unaided visual examination. Until this sexual differentiation has taken place, a marijuana plant will be considered immature. 7. No person authorized to possess, deliver or pro duce marijuana for medical use pursuant to MMP shall be exempted from the criminal laws of the State of California or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges: a. Drives under the influence of marijuana as provided in CVC 23152 (a); University of California, San Francisco Police Department General Orders 2 b. Engages in the medical use of marijuana in a public place or in public view or in a correctional facility or youth correction facility; c. Delivers marijuana to any individual who the person knows in not in possession of a registry identification card; d. Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card; e. Manufactures or produces marijuana at a place other than one address for property under the control of the patient and one address for property under the control of the primary caregiver of the patient that have been provided to the Health Division; or f. Manufactures or produces marijuana at more than one address. 8. A person who has applied for a registry identification c ard pursuant to MMP, but whose application has not yet been approved or denied, and who is contacted by any law enforcement officer in connection with his or her administration, possession, delivery or production of marijuana for medical use may provide to the law enforcement officer a copy of the written documentation submitted to the Health Division pursuant to MMP application procedures and proof of the date of mailing or other transmission of the documentation to the Health Division. This documentation shall have the same legal effect as a registry identification card until such time as the person receives notification that the application has been approved or denied. 9. Recreational marijuana is now legal in California, but it is still prohibited at th e University of California . The University of California prohibits the use, possession and sale of marijuana − in any form − on all university property, including university -owned and -leased buildings, housing and parking lots. Marijuana is also not permitted at university events or while conducting university business. Refer to Addend a 5B − UCnet Article on Marijuana Use on UC Property and 5C − UCOP Marijuana and Drug Use Policy f or details.

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