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Chapter
6.90
PERSONAL MEDICAL MARIJUANA USE |
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6.90 020 Recognized status of medical marijuana provider associations,
qualified patients and primary caregivers. |
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6.90.030 Physician/patient confidentiality. |
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6.90.040 Permissible medical marijuana cultivation. |
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6.90.050 Transportation of medical marijuana. |
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6.90.060 Prior investigation by law enforcement. |
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6.90.080 Deputization of medical marijuana provider
associations. |
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6.90.010 DEFINITIONS. |
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The following words and
phrases, whenever used in this chapter, shall be given the following
definitions: |
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1."Primary caregiver" means
the individual or individuals over the age of eighteen years designated by a
qualified patient who has consistently assumed responsibility for the housing,
health or safety of that qualified patient or consistently provides Medical
Marijuana for the patient*. Under special circumstances, with
the written consent of a parent or guardian and written concurrence of the
medical marijuana provider association, a person under the age of eighteen years
may serve as a primary caregiver. |
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| * This was an addition to the city ordinance that was suggested
Ben Rice and WAMM and was adopted by the City of Santa Cruz but not by the
County of Santa Cruz or the State of California. |
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2."Qualified patient" means
a seriously ill person who obtains a written recommendation from a physician
licensed to practice medicine in the state of California to use marijuana for
personal medical purposes. In addition, persons currently under the care of a
physician for certain medical conditions including, but not limited to,
HIV/AIDS, cancer, glaucoma, epilepsy or other spasticity-related illnesses,
migraine, anorexia, are presumed to be "qualified patients." |
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3."Marijuana" means all
parts of organically grown Cannabis plants, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the plant, its seed or
resin. It does not include the mature stalks of the plant, fiber produced from
the stalks, oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of mature stalks (except
the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of
the plant which is incapable of germination. |
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4."Medical marijuana
provider association" means a collective of individuals comprised of qualified
patients and primary caregivers, the sole intent of which is to provide
education, referral, or network services and to facilitate/assist in the lawful
production, acquisition, and provision of medical marijuana to qualified
patients. |
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5."Client/participant"
refers to an individual who participates in a medical marijuana provider
association or a unit of individuals comprised of a particular qualified patient
and that qualified patient's primary caregiver who jointly participate in a
medical marijuana provider association. |
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6."Cultivator" means a
qualified medical marijuana patient or caregiver, a client/participant of a
medical marijuana provider association or any other individual(s) responsible
for cultivating or overseeing cultivation of marijuana exclusively for a medical
marijuana association. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.020RECOGNIZED STATUS OF
MEDICAL MARIJUANA PROVIDER ASSOCIATIONS, QUALIFIED PATIENTS AND PRIMARY
CAREGIVERS. |
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1.The city of Santa Cruz
shall recognize the status of an individual as a qualified patient when he/she
is in possession of a California licensed physician's written recommendation for
medical marijuana or where he/she is in possession of a California licensed
physician's written declaration or confirmation that he/she is currently under
the physician's care for any of those certain medical conditions listed under
the definition of "qualified patient" in accordance with the Compassionate Use
Act of 1996 and for which the use of medical marijuana has been approved by the
physician. The individual's possession of a certified valid identification card
issued pursuant to subsection (2) of this section shall presumptively establish
the existence of the requisite written physician's recommendation or diagnosis
and the individual's right to acquire medical marijuana from a medical marijuana
provider association. |
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2.In order to ensure that
qualified patients are not subject to criminal prosecution or sanction,
recognized medical marijuana provider associations may issue valid
identification cards to qualified patients and primary caregivers upon receipt
of a physician's written recommendation for medical marijuana or upon the
physician's written declaration or confirmation that the qualified patient is
under the physician's care for any of those certain medical conditions listed
under the definition of "qualified patient" and for which the use of medical
marijuana has been approved by the physician. The city of Santa Cruz shall also
recognize verified medical marijuana identification cards issued by local and
state governmental agencies to qualified patients and primary
caregivers. |
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3.The city of Santa Cruz
shall recognize valid "growing certificates" issued by recognized medical
marijuana provider associations. The possession of a validly issued growing
certificate shall evidence the determination by the recognized medical marijuana
provider association that the cultivator in possession of the certificate is
cultivating marijuana solely for medical marijuana purposes, at no profit to the
cultivator and in quantities that correspond directly to the medical needs of
the qualified patient(s) to whom the medical marijuana will be provided.
Notwithstanding the foregoing the cultivator may be entitled to require
compensation for the medical marijuana produced by the cultivator in the amount
necessary for the cultivator to recover the cultivator's marijuana production
costs including reasonable hourly cost of labor. A cultivator's marijuana
cultivation permitted under this section may not in any manner be associated
with the illicit or illegal cultivation of other marijuana. A qualified patient
or the qualified patient's primary caregiver shall only be entitled to cultivate
and produce medical marijuana for the qualified patient's use. |
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4.The city of Santa Cruz
shall recognize the status of a medical marijuana provider association when that
association: |
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(a)Provides proof that its
cultivators and client/participants provide, possess or cultivate medical
marijuana at no cost (except to recover production costs) solely for personal
medical use of qualified patients upon the written recommendation of a physician
or the written declaration of a physician that the qualified patient is under
the physician's care for any of those certain medical conditions listed under
this chapter's definition of "qualified patient" and for which the use of
medical marijuana has been approved by the physician; |
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(b)Issues identification
cards and/or growing certificates to qualified patients, primary caregivers and
cultivators in order to ensure that valid identification cardholders are not
subject to criminal prosecution or sanctions; |
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(c)Has procedural safeguards
in place to assure that all medical information to which it becomes privy
concerning its qualified patients is maintained in confidence; |
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(d)Has procedural safeguards
in place to assure that the identity of all qualified patients, primary
caregivers, cultivators and physicians with whom it associates is maintained in
confidence; |
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(e)Does not predicate
participation by qualified patients on financial capability or any other ability
to pay for association services or medical marijuana; however, the medical
marijuana provider association may request that qualified patients provide, on
an "ability to pay" basis, reimbursement for the actual costs of service
provided to the qualified patient by the association or for the actual
production cost of medical marijuana provided through the
association; |
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(f)Requires qualified
patients, primary caregivers and cultivators to produce valid proof of
identification and California residency by way of either a valid California
driver's license, passport or legally cognizable identification
card; |
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(g)Allows persons under the
age of eighteen to participate as qualified patients only with the written
consent of a parent or guardian and a physician's recommendation; |
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(h)Strictly prohibits
qualified patients from selling or distributing the medical marijuana which they
receive pursuant to their participation in the association; |
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(i)Strictly prohibits
primary caregivers and cultivators from selling the medical marijuana they
receive or produce pursuant to their participation in the association, or from
using the medical marijuana themselves, or from providing or distributing the
medical marijuana to any person other than qualified patients; |
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(j)Has regulations in place
which require the immediate termination of participation by a qualified patient,
primary caregiver or cultivator in the association if that qualified patient,
primary caregiver or cultivator misuses the services of the association,
misrepresents his/her qualifications for participation in the association or
otherwise violates association rules and regulations, guidelines and/or
protocols; |
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(k)Has regulations in place
limiting attendance at medical marijuana provision sites to qualified patients,
primary caregivers and cultivators only; |
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(l)Has regulations in place
prohibiting attendance at association meetings by persons other than qualified
patients, primary caregivers and cultivators absent advance approval prior to
the association meeting; |
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(m)Has regulations in place
requiring its qualified patients, primary caregivers and cultivators to
participate solely in conjunction with the association for medical
marijuana-related services and prohibiting its qualified patients, primary
caregivers and cultivators from participating in any other medical marijuana
provider associations or medical marijuana buyers clubs; |
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(n)Has procedures and
regulations in place to assure that the allotment of medical marijuana to which
a qualified patient is entitled corresponds to the quantity needed to address
that qualified patient's medical symptoms and no more, and also has procedures
in place to assure that said allotments are accordingly readjusted in
conjunction with the improvement or deterioration of the qualified patient's
medical condition; |
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(o)Has procedures and
regulations in place to assure that association members, be they qualified
patients, primary caregivers or cultivators, are not discriminated against, and
do not themselves discriminate, on the basis of race, color, creed, religion,
national origin, ancestry, disability, marital status, sex, gender, sexual
orientation, height, weight or physical characteristic. |
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5.A qualified patient,
primary caregiver or cultivator can claim qualified status when he/she possesses
a valid identification card and/or growing certificate issued by a qualified
medical marijuana provider association. |
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6.The city of Santa Cruz
shall recognize as valid verified valid identification cards and growing
certificates issued by recognized medical marijuana provider associations. The
city of Santa Cruz shall recognize as valid a medical marijuana recommendation
issued by a physician licensed to practice medicine in the state of
California. |
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7.Identification cards and
growing certificates issued in accordance with this chapter shall not identify
the physician whose medical marijuana recommendation results in the possession,
transportation or cultivation of medical marijuana; nor shall identification
cards and growing certificates disclose the medical condition of any particular
qualified patient. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.030PHYSICIAN/PATIENT
CONFIDENTIALITY. |
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Any certification process
conducted pursuant to the ordinance codified in this chapter shall preserve to
the maximum extent possible all legal protection and privileges, consistent with
reasonably certifying the qualifications and status of qualified patients,
primary caregivers and cultivators. Disclosure of any patient information, even
for those noncertified individuals who choose voluntarily to assert facts in
support of a qualified status, shall not be deemed a waiver of confidentiality
of those records under any provision of state law. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.040PERMISSIBLE MEDICAL
MARIJUANA CULTIVATION. |
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1.All cultivation of
marijuana for medical purposes performed by persons in possession of a growing
certificate shall be lawful and shall in no way be subject to criminal
prosecution when said cultivation is conducted solely for the personal medical
purposes of qualified patients in accordance with California Health and Safety
Code Section 11362.5. Such lawful cultivation may include the cultivation and
possession of both female and male plants at all stages of growth, clones,
seedlings, and seeds, and related cultivation equipment and supplies. Medical
marijuana provider associations, qualified patients, primary caregivers and
cultivators in possession of a valid growing certificate may cultivate
individually and/or collectively. |
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2.The rental, leasing or
providing of equipment or space utilized for cultivation, processing or storage
of medical marijuana cultivated in accordance with this section shall be deemed
lawful. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.050TRANSPORTATION OF MEDICAL
MARIJUANA. |
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All activities entailing
the transportation of medical marijuana, in accordance with the Compassionate
Use Act of 1996 and this chapter, shall be lawful when conducted by qualified
patients, primary caregivers or cultivators, when the quantity transported and
the method, timing and distance of the transportation are reasonably related to
the medical needs of the qualified patient(s). |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.060PRIOR INVESTIGATION BY
LAW ENFORCEMENT. |
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1.When an alleged medical
marijuana cultivation, processing, storage or transport activity within the city
of Santa Cruz is discovered by law enforcement personnel, all reasonable efforts
shall be made to investigate and determine whether or not the marijuana is, as
alleged, for medical purposes in accordance with the Compassionate Use Act of
1996. When practical said investigation shall be conducted prior to any seizure
or arrest. |
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2.When a valid growing
certificate is found on the premises of a medical marijuana garden, law
enforcement personnel shall contact the medical marijuana provider association
which issued the certificate for verification prior to any confiscation. Should
a question arise as to the validity of the marijuana cultivation, law
enforcement personnel shall take a photograph and a small sample until the
grower's status can be otherwise verified. |
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3.To facilitate the lawful
and reasonable law enforcement investigations called for by this section, the
medical marijuana provider association shall provide the city's police
department with a twenty-four-hour contact phone number which can be called to
verify the status of the person under investigation. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.070MISCELLANEOUS
APPLICATIONS. |
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Possession and use of the
following items shall be lawful when used in accordance with the Compassionate
Use Act of 1996 and this chapter: |
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1.Pipes, papers, water
pipes, vaporizers and other related paraphernalia; |
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2.Marijuana products, such
as baked goods, tinctures, infusions, oils, salves and any other marijuana
derivatives. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.080DEPUTIZATION OF MEDICAL
MARIJUANA PROVIDER ASSOCIATIONS. |
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The city council may from
time to time adopt resolutions deputizing individuals, nonprofit organizations
and/or nonprofit associations to function as medical marijuana provider
associations in order that they may, with state or federal government
recognition, provide services in accordance with this chapter. The absence of
"deputy" status, as conferred pursuant to the Controlled Substances Act, 21 USC
§ 885(d), shall not disqualify any association, organization, affiliation or
collective which otherwise qualifies as a recognized medical marijuana provider
association from functioning in that capacity in the city of Santa
Cruz. |
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(Ord. 2000-06 § 1
(part), 2000). |
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6.90.090VIOLATIONS AND
PENALTIES. |
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A violation of any
provision of the ordinance codified in this chapter shall constitute an
infraction. |
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(Ord. 2000-06 § 1
(part), 2000). |
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