Know Your State & Local Rights

Personal Rights:

Under Senate Bill 420, which established statewide guidelines for Proposition 215 (the California Compassionate Use Act of 1996, California Health & Safety Code 11362.5) California medicinal cannabis patients with a valid recommendation to posses a minimum of 8 ounces dried processed flowers. Furthermore, each patient can also maintain a maximum of 12 immature or 6 mature cannabis plants.(1) SB 420 also allows for counties and cities to establish higher, but not lower, guidelines if they choose to do so.(2) However, San Luis Obispo County has not implemented any such guidelines. For many very ill patients, however, the standard plant and weight amounts will not suffice for their medical needs. In recognition of this, SB 420 allows those patients exemption from county guidelines and grants possession of the amounts explicitly defined on the physician’s recommendation. (3)

On May 6, 2014 San Luis Obispo City Council rejected an ordinance that would have banned not only delivery services but also personal outdoor cultivation. (4)Instead, on March 17 2015, San Luis Obispo City Council have approved an ordinance which regulates any offensive and persistent odors that waft across property lines. The ordinance will come back in front of the council at their next meeting for a final vote and take effect 30 days later. (5) Even though the new rules were sparked by complaints of outdoor cannabis cultivation, they would apply to any smells, not just medical cannabis.

SB 420 DOES NOT authorize any qualified patient to engage in the use of medical cannabis under the following circumstances: (6)

  1. Smoking medical cannabis in any place smoking is prohibited by law.
  2. Smoking medical cannabis in or within 1,000 feet of a school, recreation center, or youth center of any kind UNLESS the medical use occurs within a private residence.
  3. Consumption of medical cannabis while in a motor vehicle that is being operated.
  4. Consumption of medical cannabis while operating a boat.

Furthermore, the following list is that of all situations which do not require any accommodation of any medical use of marijuana:

  1. On the property of any place of employment or during one’s hours of employment.
  2. Health Insurance reimbursement

 

IMPORTANT NOTE: Every Medical Cannabis Patient residing within any city in San Luis Obispo County, and the State of California for that matter, has the right to grow their own medicine regardless of city bans on medical cannabis mobile dispensaries under protection from SB 420.

 

 

References

  1. “SB 420 Establishes Prop. 215 Guidelines, Voluntary Patient Identification Card System” [Internet]. California NORML. [cited 2015 Mar 24] . Available from: https://www.canorml.org/laws/sb420.html
  2. Ibid
  3. Ibid
  4. “Local Medical Marijuana Cultivation & Possession Guidelines in California” [Internet]. California NORML. [cited 2015 Mar 24]. Available from: https://www.canorml.org/medical-marijuana/local-growing-limits-in-California#SLO
  5. Lambert. “Ordinance on offensive odors is approved in SLO” [Internet]. The Tribune [cited 2015 Mar 24]. Available from: https://www.sanluisobispo.com/2015/03/18/3544211/odor-ordinance-slo-city-council.html
  6. “Legislative Counsel’s Digest” [Internet]. LegalInfo.ca.gov; February 2003 [cited 2015 Mar 24]. Available from: https://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.html