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Introduction to the SAN
guidelines proposal
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Safe Access Now!
Medical Marijuana Patient Support
PO Box 1716, El Cerrito CA 94530
Autumn, 2002
Dear DA or County Supervisor
I am writing to you about a matter that deeply
concerns both of us. Since the 1996 passage of
Proposition 215, the medical marijuana law,
California's counties have been struggling with the
key question left unresolved in the measure: How
can anyone tell if a cannabis garden is reasonably
related to the medical needs of a patient?
This question is made difficult by several
variables. 1) Every garden is a bit different. 2)
Grown outdoors, even a few big cannabis plants can
produce large amounts of bud. 3) Many indoor
gardens use a "Sea of Green" method involving
scores or even hundreds of tiny plants. 4)
Different growers get different yields while using
the same techniques.
While law enforcement attempts to limit garden
size to a very few plants, an exceptional grower
can still produce many pounds by growing gigantic
plants. At the same time, juries statewide are
acquitting patients arrested with hundreds of
plants and multiple pounds of processed bud. Such a
trial can generate lots of bad publicity, send a
mixed message to the community about your
leadership, and cost the county more than
$100,000.
What can local officials do? The county of
Sonoma grappled with this question. First it took a
hard-line position, aggressively arresting and
prosecuting patients, only to find that it had
wasted valuable public money and resources. In the
course of fighting these cases, however, DA Michael
Mullins came to an important conclusion: There is a
scientific method that allows patients to grow in
any planting variation they wish, indoor or out,
and still makes it easy for police to gauge the
likely output. It is a cannabis yield formula that
was developed and published in 1992 by the US Drug
Enforcement Administration.
The result of that discovery (and additional
work with patients in SAMM, the Sonoma Alliance for
Medical Marijuana) was the development of the
"Sonoma Guidelines," a copy of which is attached.
Put simply, 100 square feet of garden canopy will
typically produce three pounds of usable cannabis
bud per year, a common amount used by chronic
dosage patients. The guidelines allow up to 100
square feet and three pounds of processed bud per
patient per year. This gives patients wide
latitude, and the only thing that a field officer
needs is a tape measure to check if a garden is in
compliance. Any excess can either be confiscated or
spared, if the patient has a written statement from
a physician stipulating that they require more than
the guidelines provide. One additional restriction
they adopted is to limit patients to less than 100
plants each, so as to keep the quantity below the
federal enforcement threshold. You may wish to
consider that as a practical concern, but it is not
essential to the canopy formula, so counting plants
is never required.
This system is so simple, and yet it works! It
allows patients to grow an adequate supply for
their personal need, indoor or out, but it
restricts even the most prolific grower. For
example, if a patient decides to grow larger
plants, they need to reduce the number of plants so
as not to exceed the 100 square foot limit.
Remember, that figure is a maximum amount; some
patients may use less space, depending on their
need and skill levels. These guidelines eliminate
the need to train officers on how to calculate
individual garden yields, distinguish between male
or female and vegetative or flowering plants,
determine what part of the crop is usable, assess
patient needs, or interpret various modes of
consumption, processing and storage. No method is
perfect, but anybody with a tape measure and
calculator can use these guidelines, so they
protect a substantial majority of patients'
needs.
Patients across the state have endorsed the
garden evaluation portion of these medical
marijuana guidelines as being safe and effective.
The Sonoma DA's office is proud of its program and
has offered to help other counties adopt it. I urge
you to discuss this with Mr. Mullins, and I offer
my assistance as a court-qualified cannabis
expert.
The attached materials include a copy of the
guidelines, with contact information for the DA's
office, as well as my curriculum vitae. Please do
not hesitate to contact me for further information
or supporting documents.
Thanks for your consideration,
Chris Conrad, Safe Access Now!
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Letter from Sonoma County
DA Michael Mullins
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OFFICE OF THE DISTRICT
ATTORNEY
County of Sonoma, Hall of Justice
600 Administration Drive, Room 212-J
Santa Rosa, CA 95403
(707) 565-2311
J. Michael Mullins, District Attorney
Gregory J. Jacobs, Assistant District
Attorney
Kathleen D. DeLoe, Kenneth J. Gnoss,
Larry J. Scoufos, Chief Deputies
May 7, 2001
Sonoma Alliance for Medical Marijuana
P.O. Box 216
Sebastopol, CA 95473
Subject: Revised Guidelines
Dear Sir or Madam:
Enclosed are the Amended Guidelines for medical
marijuana. These guidelines were adopted last
Friday, May 4, 2001 by the Chief's Association of
Sonoma County.
As you can readily ascertain by reviewing
paragraphs 8, 9, and 10, we have essentially
adopted the recommendations of your organizations.
Each patient will be allowed to possess three
pounds of processed marijuana per year. In order to
grow that quantity we are allowing a canopy of 100
square feet, not to exceed 99 plants.
The key here is we have not made a strict plant
restriction, but allowed the number of plants to be
grown according to the conditions present at each
caregiver or patient site. To that end, it is
important that each patient possess no more than 99
plants and ensure that these are of sufficient size
to grow no more than 3 pounds per patient per
year.
In addition, each caregiver may supply marijuana
for more than one patient. However, it is important
that the caregiver have information concerning the
patients in their possession. Thank you for your
cooperation in this matter.
Sincerely,
J. Michael Mullins, District Attorney,
County of Sonoma, State of California
jrn / sammmay
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SAN Guideline Model
Ordinance
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BOARD OF SUPERVISORS
COUNTY OF _____________________________________,
CALIFORNIA
ORDINANCE NO. 200____ -
______________________
ORDINANCE ENACTING MEDICAL MARIJUANA GUIDELINES
FOR THE IMPLEMENTATION OF PROPOSITION 215 [HS
11362.5] AND SB 420 [HS 11362.7]
WHEREAS, in 1996 the voters of the State of
California approved Proposition 215, also known as
the Compassionate Use Act of 1996, creating Health
and Safety Code 11362.5; and
WHEREAS, HS 11362.5(d) states, "Section 11357,
relating to the possession of marijuana
[cannabis], and Section 11358, relating to
the cultivation of marijuana, shall not apply to a
patient, or to a patient's primary caregiver, who
possesses or cultivates marijuana for the personal
medical purposes of the patient upon the written or
oral recommendation or approval of a physician.";
and
WHEREAS, since the 1970s, medical marijuana
patients in the federal IND program have received
and smoked approximately 6.5 pounds of dried
cannabis per year, thereby establishing a safe and
effective dosage for a chronic daily use patient to
possess and consume; and
WHEREAS, some patients require more than that
amount of cannabis bud per year, especially when it
is eaten, used in tincture, used topically or by
methods other than being smoked; and
WHEREAS, 3 pounds of dried cannabis bud per year
is a reasonable compromise safe harbor amount that
allows most compliant individuals to cultivate,
possess and consume their medicine; and WHEREAS, a
100 square foot canopy of mature female cannabis
plants, typically will yield 3 pounds of dried and
processed cannabis bud per year outdoor; regardless
of the number of plants, and
WHEREAS, successful propagation, breeding and
cultivation of cannabis may require large numbers
of plants in various stages of growth, especially
when grown in the indoor "Sea of Green" method
which typically produces lower yields than outdoor
gardens but affords multiple harvests per year;
and
WHEREAS, in 2003, Senate Bill 420 created HS
11362.7 that, among other things, sets forth in HS
11362.77(a) an impractical default threshold for
immunity from arrest at 8 ounces of dried female
cannabis flowers in addition to 6 mature or 12
immature plants per qualified patient; and
WHEREAS, HS 11362.77(c) empowers this
jurisdiction when it states that "Counties and
cities may retain or enact medical marijuana
guidelines allowing qualified patients or primary
caregivers to exceed the state limits set forth in
subdivision (a)"; and
WHEREAS, other counties and cities throughout
the State of California have enacted or retained
guidelines for the implementation and enforcement
of HS 11362.5 in amounts that are significantly
greater than the threshold amounts set forth in HS
11362.77(a); and
WHEREAS, failure to enact a community standard
for presumed compliance with HS 11362.77 may
effectively limit local patients and caregivers to
the arbitrary and unreasonable amounts as set forth
in HS 11362.77(a), thereby causing undue pain,
suffering and legal risks; and
WHEREAS, pursuant to HS 11362.775, qualified
patients and caregivers "who associate within the
State of California in order collectively or
cooperatively to cultivate marijuana for medical
purposes, HS 11362.5 and HS 11362.77 shall not
solely on the basis of that fact be subject to
state criminal sanctions under Section 11357,
11358, 11359, 11360, 11366, 11366.5, or 11570."
and
WHEREAS, law enforcement officers require a
simple, reasonable and efficient guideline to use
in evaluating individual and collective patient
medical marijuana gardens and on-hand supplies;
and
WHEREAS, this ordinance does not address the
enforcement of federal law.
THEREFORE, BE IT NOW RESOLVED that this County
Board of Supervisors does hereby enact the
following medical marijuana guidelines for
qualified patients or primary caregivers within its
jurisdiction per HS 11362.77(c):
A) A qualified patient, a person holding a valid
identification card, or the designated primary
caregiver of that qualified patient or person may
possess and cultivate any amount of marijuana
consistent with the patient's medical needs.
B) Possession of up to 3 pounds of dried
cannabis bud or conversion per patient shall not
constitute probable cause for arrest or prosecution
of any person listed in (A).
C) To obtain that amount, any person listed in
(A) may also cultivate up to 99 cannabis plants per
patient with not more than 100 square feet of total
garden canopy, measured by the combined vegetative
growth area. Gardens that are consistent with this
provision shall not constitute probable cause for
arrest or prosecution.
D) Qualified patients, caregivers and providers
who collectively or cooperatively cultivate
marijuana for medical purposes shall not exceed the
standards set forth in (B) and (C).
E) Any person listed in (A) and having a
physician's assent that this guideline is not
adequate for the qualified patient's medical needs
may possess and cultivate an amount of cannabis up
to six pounds of bud or conversion and up to 200
square feet of canopy.
F) As defined in HS 11362.5, "Primary caregiver
means the individual designated by the person
exempted under this act that has consistently
assumed responsibility for the housing, health or
safety of that person." For purposes of this
policy, a primary caregiver shall include any adult
designated as such in writing by a qualified or
card-holding patient, in the interests of their
personal health and safety.
G) For purposes of identification, such
designation shall be posted at the garden site or
in the possession of the caregiver, along with a
copy of the physician's document.
H) Law enforcement shall not arrest persons who
are compliant with these provisions, and shall
leave them, their medical marijuana supply and
their garden unmolested. Amounts in excess of those
above shall be preserved in usable form in case it
need be returned.
PASSED AND ADOPTED this
_____th day of _____________________, 20_____ at
a regular meeting of the
_________________________ County Board of
Supervisors
_________________________ City Council
by the following vote:
YES _______ NO _______ ABSTAIN _______ ABSENT
_______
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Sample physician's
exemption letter
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(on office letterhead)
To whom it may concern,
I am a physician licensed in the state of
California. _________________________ (print name
legibly) is my patient. I have approved this patient's use of medical marijuana.
This patient has advised me that, due to
personal circumstances, the state and local guideline amount in HS11362.77(a)
is not adequate to provide for his/her personal
medical marijuana dosage. This statement is to affirm
that this qualified patient or their primary caregiver has a recommendation that this quantity does not meet the qualified patient' s medical needs, and therefore the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.
Sincerely,
__________________, M.D.
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Designation of Primary
Caregiver
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(California Health & Safety Code
11362.5)
I,
_________________________________________________________,
(Print name legibly) hereby certify that I suffer
from cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or other
serious illness and I have obtained a
recommendation or approval from a licensed
physician to use medical marijuana (cannabis) in
treating my illness. (A copy of my recommendation
or approval is attached hereto).
I hereby designate
____________________________________________ (Print
name legibly) as my "Primary Caregiver," in
accordance with Health & Safety Code 11362.5(d)
and 11362.5(e), which read as follows:
(d) Section 11357, relating to the possession of
marijuana, and Section 11358, relating to the
cultivation of marijuana, shall not apply to a
patient, or to a patients primary caregiver, who
possesses or cultivates marijuana for the personal
medical purposes of the patient upon the written or
oral recommendation or approval of a physician.
(e) For the purpose of this section, "primary
caregiver" means the individual designated by the
person exempted under this act who has
consis-tently assumed responsibility for the
housing, health, or safety of that person.
I agree that I will consistently rely on the
above-named person as the primary source of my
medical marijuana as a matter of my personal health
and safety. This designation shall remain in effect
for a period of one year.
Dated: ______________________
______________________________________
(Signature)
NOTICE TO LAW ENFORCEMENT: Pursuant to the
Constitution of the State of California, Amendment
III, Sec. 3.5(c), state law enforcement officials
have "no power … to refuse to enforce a
statute on the basis that federal law or federal
regulations prohibit the enforcement of such
statute." It is therefore your legal duty and
responsibility to respect and obey this agreement
per the above-cited legislation, and to leave the
individuals and gardens herein described unmolested
and unreported to federal authorities. Failure to
follow state law may result in legal action being
taken against you. Thank you for your understanding
and compliance.
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Sample cover letter to send
with these documents
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Your name Phone number
Street address
City, State Zip
Dear DA or County Supervisor,
I am a bona fide patient living with serious
health problems and I have a physician's approval
for the use of medical marijuana, pursuant to
Health and Safety Code 11362.5.
Due to the uncertainty of law enforcement
standards, I fear that I am at significant risk of
false arrest and prosecution, despite my good-faith
efforts at compliance with State law. I would
therefore like your office to address the issue of
the amount of Medical Marijuana a patient or their
designated caregiver may grow or possess and be
presumed innocent of wrongdoing.
As my elected official, I look to you to provide
reasonable guidance and relief. You will find
attached a series of documents prepared by
patients, law enforcement and cannabis experts that
explain a guideline for presumed compliance with
the law. It is gaining acceptance throughout the
state, and I believe that it is time for our county
to adopt the sample resolution attached, or a
reasoned version of it, to protect patients in this
jurisdiction.
Despite the depth of information I am providing,
the underlying concept is as easy as 1-2-3.
1) A California patient should be allowed at
least half as much cannabis as are federally
supplied medical marijuana patients of the
Investigational New Drug (IND) program.
2) Scientific standards show that a small garden
comprising 100 square feet of plant canopy is
sufficient to provide this amount, and
3) While the size and number of plants are not
significant when the total area of the canopy is
this small, up to 99 plants will generally be
overlooked by federal prosecutors.
Because the dosage described above is not
adequate for all patients, a safety valve allows
the physician to write a note that will exempt
patients from these limits when necessary.
One final point: If a cannabis garden is
discovered and claimed as medicinal marijuana,
police should be instructed not to destroy the
garden because if you destroy it, you could be
doing irreparable harm to the patients who rely on
it. Photographs can be taken, and leaves, from the
bottom of the plants, can be taken, if sample
evidence is needed. The garden and the allowed
amount of cannabis should not, however, be taken
from a patient or caregiver until there is clear
determination that it is intended for illicit
purposes.
I look forward to having the opportunity to
speak with you about this and am prepared to offer
testimony and documentation as to the practical
value of these guidelines, which are commonly
referred to as the Sonoma Garden Guidelines or as
"Safe Access Now" guidelines.
Thank you for your attention,
(Sign and type your name legibly.)
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