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Santa Cruz County Code
Chapter 7.124 Medical Cannabis User and Primary Caregiver Identification Card 7.124.010 Declaration of policy. 7.124.020 Definitions. 7.124.030 Eligibility for identification cards. 7.124.040 Identification cards. 7.124.050 Investigation and verification. 7.124.060 Fees. 7.124.070 Expiration date. 7.124.080 Authority to adopt rules and regulations. 7.124.090 Penalty. 7.124.100 County undertaking limited to promotion of general welfare. 7.124.105 Medical marijuana guidelines. 7.124.110 Severability. 7.124.010 Declaration of policy.
It is the policy of the county of Santa Cruz that
California Health & Safety Code Section 11362.5 is implemented with
consideration for qualified users of medical cannabis, physicians, responsible
and accountable providers of medical cannabis, and law enforcement officers.
The purpose of this voluntary identification card program is to help law
enforcement officers identify individuals whose possession of medical cannabis
is permissible under Health & Safety Code Section 11362.5. It is not the
purpose of this program to assist anyone in obtaining or gaining access to
cannabis. Such cards can promote cooperation between the health services
agency and law enforcement to protect the public welfare and medical cannabis
users’ rights. The county recognizes that individuals who qualify to use
medical cannabis may require the support of numerous caregivers to meet their
needs for housing, health, or safety under California Health & Safety Code
Section 11362 5(e). To further these goals, the health services agency shall
heed the vision, expertise, and voluntary counsel of private citizens in order
to discover valuable information about the identification cards program. It
also shall be the policy of the county of Santa Cruz to enable the agency
director to take whatever steps are deemed necessary to protect the privacy of
the physician-patient relationship by ensuring the confidentiality of
patients’ identities. Although this voluntary identification card program has
no relation to any research studies, the county of Santa Cruz supports
additional research on the benefits of medical cannabis. The county of Santa
Cruz also recognizes that not all medical cannabis users will elect to access
the medical cannabis user identification card and the existence of the program
shall not limit the protections afforded by the Compassionate Use Act of 1996.
(Ord. 4728 § 1 (part), 6/26/03)
7.124.020 Definitions.
For the purpose of this chapter, words and phrases
shall be construed in a manner consistent with California Health and Safety
Code Section 11362.7 unless they are hereinafter specifically defined. Words
in the singular include the plural, and words in the plural shall include
the singular. Words in the present tense shall include the future. Masculine
pronouns include feminine meaning and are not intended to be
gender-specific.
“Agency” means the health services agency of the county
of Santa Cruz or an authorized contractor of the county of Santa Cruz.
“Agency director” includes the director of the health
services agency of the county of Santa Cruz or his or her designee. (Ord.
4773 § 2, 10/19/04: Ord. 4728 § 1 (part), 6/26/03)
7.124.030 Eligibility for identification cards.
A. Individuals residing in Santa Cruz County for at
least two months who qualify to use medical cannabis under California
Health & Safety Code Section 11362.5 may apply for a medical cannabis user
identification card. Every applicant for a medical cannabis user
identification card shall present to the agency proof that the applicant’s
physician recommends cannabis use for the applicant and a California
driver’s license, California state identification card, or United States
passport. The agency may also request such other pertinent information as
the agency may require to determine whether the applicant qualifies as a
user of medical cannabis under California Health & Safety Code Section
11362.5. The Agency may demand proof of identity prior to the issuance of
the medical cannabis user identification card.
B. Individuals residing in Santa Cruz County for at
least two months who qualify as primary caregivers under California Health
& Safety Code Section 11362.5(e) may apply for a primary caregiver
identification card. Every applicant for a primary caregiver
identification card shall present to the agency a California driver’s
license, California state identification card, or United States passport.
Every applicant for a primary caregiver identification card shall present
to the agency proof that a physician recommends medical cannabis use for
the individual for whom the applicant provides primary care. Every
applicant and the qualified user for whom the applicant provides primary
care also shall provide such other pertinent information as the agency may
require to determine whether the applicant qualifies as a primary
caregiver under California Health & Safety Code Section 11362.5. The
agency may demand proof of identity prior to the issuance of the primary
caregiver identification card. (Ord. 4728 § 1 (part), 6/26/03)
7.124.040 Identification cards.
A. The medical cannabis user identification card
issued by the agency bears a unique serial number, a picture or
photograph of the card holder, and the date of expiration of the
identification card.
B. The primary caregiver identification card bears
a unique serial number, the name and a picture or photograph of the card
holder, and the date of expiration of the identification card.
C. Both medical cannabis user identification cards
and primary caregiver identification cards shall display a message from
the agency advising that it is illegal to distribute marijuana or to use
marijuana for non-medical purposes. (Ord. 4728 § 1 (part), 6/26/03)
7.124.050 Investigation and verification.
A. The agency shall satisfy itself as to the
accuracy of the physician’s recommendation of cannabis use for the
applicant and other statements made in support of each medical
cannabis user identification card. If the agency is satisfied with the
information, the agency shall issue the requested medical cannabis
user identification card.
B. The agency shall satisfy itself as to the
accuracy of the statements made in support of each primary caregiver
identification card. If the agency is satisfied with the supporting
information, including the physician’s recommendation of cannabis use
for the individual for whom the applicant provides primary care, the
agency shall issue the requested primary caregiver identification
card. (Ord. 4728 § 1 (part), 6/26/03)
7.124.060 Fees.
The agency is authorized to charge every
initial applicant for a medical cannabis user identification card or
a primary caregiver identification card, or an annual renewal of
either card, a fee sufficient to cover the costs of the medical
cannabis user identification and primary caregiver identification
cards program. The fees charged are set by resolution of the board
of supervisors. The agency shall consider the extent of an
applicant’s ability to pay the whole or partial fee and may provide
for fee waiver or reduction in appropriate cases. (Ord. 4728 § 1
(part), 6/26/03)
7.124.070 Expiration date.
A. A medical cannabis user identification
card may be granted at any time and remains valid for the length
of time during which a physician certifies a recommendation for
use of medical cannabis. No medical cannabis user identification
card remains valid for longer than three years. A person may apply
to renew such a medical cannabis user identification card. Medical
cannabis user identification cards are not transferable.
B. A primary caregiver identification card
may be granted at any time and remains valid for the length of
time during which a physician certifies a recommendation for use
of medical cannabis by the individual for whom the card holder
provides primary care or one year. No primary caregiver
identification card remains valid for longer than one year. A
person may apply to renew such a primary caregiver identification
card. Primary caregiver identification cards are not transferable.
(Ord. 4728 § 1 (part), 6/26/03)
7.124.080 Authority to adopt rules and regulations.
The director may issue and amend rules,
regulations, standards, or conditions to implement and enforce
this chapter. The director is authorized to enforce the
provisions of this chapter, including any rules, regulations,
standards, or conditions issued hereunder. (Ord. 4728 § 1
(part), 6/26/03)
7.124.090 Penalty.
Any person who presents false information
or falsifies, forges, or alters a document to support a
request for a medical cannabis user identification card or a
primary caregiver identification card or makes, creates,
sells, or uses a false medical cannabis user identification
card or a primary caregiver identification card is guilty of a
misdemeanor and upon conviction thereof is punished by a fine
not to exceed two hundred fifty dollars, or by imprisonment
for not more than three months, or by both such fine and
imprisonment. (Ord. 4728 § 1 (part), 6/26/03)
7.124.100 County undertaking limited to promotion of general welfare.
In undertaking the adoption and
enforcement of this chapter, the county is assuming an
undertaking only to promote the general welfare. It is not
assuming, nor is it imposing on its officers and employees,
an obligation for breach of which it is liable in money
damages to any person who claims that such breach
proximately caused injury. (Ord. 4728 § 1 (part), 6/26/03)
7.124.105 Medical marijuana guidelines.
A. Possession. A qualified patient or
a person holding a valid identification card, or the
designated primary caregiver of that qualified patient or
person, may possess amounts of marijuana up to three
pounds of dried cannabis bud or conversion per year.
B. Cultivation. A qualified patient
or a person holding a valid identification card, or the
designated primary caregiver of that qualified patient or
person, may cultivate cannabis in an amount not to exceed
more than one hundred square feet of total garden canopy,
as measured by the combined vegetative growth area.
C. If a qualified medical marijuana
patient or primary caregiver has an attending physician’s
written, dated and signed recommendation that the
quantities described in subsections A and B of this
section are not sufficient to meet the medical marijuana
patient’s needs, said patient or caregiver may possess
and/or cultivate an amount of marijuana consistent with
the attending physician’s written recommendation.
D. The name of the qualified medical
marijuana patient and/or the primary caregiver’s
designation shall be and remain posted at any garden site
where medical marijuana is being cultivated.
E. A primary caregiver’s designation
shall be in the possession of the caregiver whenever he or
she possesses or cultivates marijuana subject to this
chapter. (Ord. 4773 § 3, 10/19/04)
7.124.110 Severability.
If any part or provision of the
ordinance codified in this chapter, or the application
thereof to any person or circumstances, is held invalid,
the remainder of the ordinance codified in this chapter,
including the application of such part or provision to
the other persons or circumstances, shall not be
affected thereby and shall continue in full force and
effect. To this end, provisions of the ordinance
codified in this chapter are severable. (Ord. 4728 § 1
(part), 6/26/03)
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