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AB 5 19 amendment John O'Connor 90 1 Mckay Court Fallon, nevada 2 17-9747 oconnor2004@charternet NRS 453A200 Holder of valid registry identification card exempt from state prosecution for certain acts involving marijuana and drug paraphernalia; mere presence of person in vicinity of medical use of marijuana; limitation on exemption from state prosecution; affirmative defense I Except as otherwise provided in this section and NRS 453A300 a person who holds a valid reglstry ~denr~ticatlon card issued to him pursuant to NRS 453A220 or 453A250 is exempt from state prosecution for: (a) Possession, delivery or production of marijuana; (b) Possession or delivery of drug paraphernalia; (c) Aiding and abetting another in the possession, delivery or production of marijuana; (d) Aiding and abetting another in the possession or delivery of drug paraphernalia; (e) Any combination of the acts described in paragraphs (a) to (d), inclusive; and (f) Any other criminal offense in which the possession, delivery or production of marijuana or the possession or delivery of drug paraphernalia is an element 2 In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the medical use of marijuana in accordance with the provisions of this chapter 3 The exemption from state prosecution set forth in subsection I applies only to the extent that a person who holds a registry identification card issued to him pursuant to paragraph (a) of subsection 1 of NRS 453A220 and the designated primary caregiver, if any, of such a person: (a) Engage in or assist in, as applicable, the medical use of marijuana in accordance with the provisions of this chapter as justified to mitigate the symptoms or effects of the person's chronic or debilitating medical condition; and (b) Do not, at any one time, collectively possess, deliver or produce more than: (1) One ounce of usable marijuana; (one 1 pound 8 ounces usable marijuana) (2) Three mature marijuanaplants; and (10 mature marijuana plants ) (3) Four immature marijuana plants ( mmmature marijuana plants) 4 lf the persons described in subsection 3 possess, deliver or produce marijuana in an amount which exceeds the amount described in paragraph (b) of that subsection, those persons: (a) Are not exempt from state prosecution for possession, delivery or production of marijuana (b) May establish an affirmative defense to charges of possess~on, delivery or production of marijuana, or an) combination of those acts, in the manner set forth in -- NRS 453A3-10 (Added to NRS by 2001,3055)
Legal Marijuana Guide - City, County and State Information Page 1 of4 Legal Marijuana Guide A ~ O U 1 Contact ~ 1 Privacy I Services 1 Sitemap Find medical marijuana resources in your state: Iselect a state City, County and State Information Medical mar~juana patient ID card programs and official information California state info San Francisco Oakland Arcata El Dorado Sebastopol San Diego Proposition 215 Enforcement Guidelines A new state law, SB 420, which took effect on Jan 1, 2004, protects Prop 21 5 patients from arrest provided they cultivate no more than 6 mature or 12 immature plants and possess no more than 8 ounces of dried marijuana Counties and cities are authorized to establish higher (but not lower) guidelines if they wish Patients who need more marijuana may be excused from the guidelines if they obtain a physician's statement that they need more It is not strictly speaking illegal for patients to exceed the guidelines in SB 420, since Prop 215 allows patients to possess and cultivate whatever is necessary for their personal medical needs However, patients who exceed the guidelines risk being arrested and having to defend themselves in court Prior to Jan I, 2004, there were no official state guidelines as to how many plants police or DAs could allow to legal medical marijuana patients The Attorney General gave local authorities discretion in this regard, as explained in a letter to local law enforcement officials, Local governments cannot override Proposition 21 5, which specifically permits patients to possess and cultivate as much marijuana as is necessary for their own personal medical needs However, local sheriffs and police CAN legally arrest, and district attorneys can prosecute, ANY patients whom they feel are violating the law, for example by selling or distributing The plant number and quantity guidelines listed below have been set by law enforcement officials in various localities around the state As of Jan I, 2004, local guidelines that are lower than the state guidelines in SB 420 will be overridden Patients who exceed the guidelines risk arrest and prosecution by local authorities, even though they may well be acquitted by court Counties not listed below have no official policy Patients are on their own and may or may not be arrested depending on the judgment of local police Patients are advised to be discreet in the quantities they cultivate Patients should NOT try to register or request F-3- Our monthly e-mail delivers important medical marijuana news and updates Ernal:lp Books News FAQ Methods of Ingestion Strains of Cannabis Cannabis Extracts & Preparations Hashma king Links Francisco CMC Medical Marijuana Physicians Evaluations Sat-Sun from 2pm-5pm Drop-ins welcome! --- The Vapor Room Me3:rai consultat~ons Saturdays oy
Legal Marijuana Guide - City, County and State Information I'agc 2 of 4 cultivate Patients should NOT try to register or request permission from police to cultivate; all too frequently those who do so end up being raided or arrested appointment Mtd icai Mari~uarw Physj~ill~ EvL~~uD~Y State Guidelines Under SB 420 (Effective Jan 1, 2004) Patients may cultivate up to 6 mature or 12 immature plants, and possess up to 8 ounces of dried processed mariijuana Local counties and cities may establish higher, but not lower, guidelines if they wish Patients may be excused from the guidelines if they have a physician's statement stating that they need more Local Enforcement Policies Local policies that are more restrictive than the statewide guidelines established under SB 420 will be overridden as of Jan 1, 2004 Arcata Ordinance and ID card system maintained by Chief of Police Police allow 10 plants + 112 Ib dried marijuana Text of Arcata Ordinance Berkeley Ordinance allows 10 plants and 25 Ibs per patient or up to 50 plants 125 Ibs for collectives Butte Co, Sheriff and DA jointly stipulate: 6 plants and/or 1 pound processed material Calaveras Co Board of Supervisors approved: 6 plants and 2 pounds Colusa Co No firm policy; case by case review; has permitted outdoors - 2 plants; or indoors - 4 plants; or 15 processed marijuana (OVERRIDDEN by SB 420) Del Norte Co County adopted Sonoma cultivation guidelines with maximum 100 square feet cultivation area and 99 plants or fewer; one pound possession limit (approved by Board of Supervisors 4/22/02) El Dorado Co Sheriff & DA policy: Indoors - 10 flowering plants + 10 vegging + 1 mother; Outdoors: 20 starters or 10 mature plants, 1-2 Ib processed marijuana depending on season of year Details of El Dorado guidelines Hurnboldt GO F- 3
Legal Marijuana Guide - City, County and State Information Page j of 4 Humboldt Co lnyo Co County guidelines allow patients 100 square feet and 3 Ibs wl no plant number limit City of Eureka PD and CHP enforce SB 420 limits (6 mature112 immature plants, 112 Ib) Patient ID cards available for county residents from Dept of Public Health (707)268-2185 DA allows up to one-half pound and six plants Kern Co DA allows up to plants and 2 pounds, absent indicia of sales Marin Co Patient ID cards available from Dept of Health (41 5) 499-3288 Mendocino Co Nevada Co Oakland Sheriff and DA policy: 25 plants in no more than 100 sq ft, 2 Ibs processed marijuana per patient Patient ID cards available for country residents from Sheriff's Dept (707) 463-441 1 10 plants (not to yield more than 2 Ibs); 2 Ibs processed marijuana Indoors - 72 plants in maximum 32 sq ft growing area Outdoors - 20 plants, no area limit Weight limit 3 Ibs dried marijuana per patient Caregivers with four patients or more allowed max 18 plants and 112 pound per patient San Diego (also Chula Vista) City Council guidelines allow up to 1 Ib of marijuana, 24 plants in 64 square feet indoors; no outdoors growing allowed except in enclosed greenhouses Patient ID program to be established Text of San Diego Guidelines San Francisco Santa Cruz City ordinance established ID card system run by SF Health Department (41 5) 554-2890 for residents of SF, San Mateo, Santa Clara, Marin, Sonoma counties; no plant number guidelines City ordinance regulates cannabis clubs, allows physician's diagnosis for recommendation County ID cards available from the Health Dept (831) 454-3431 Santa Cruz Board Of Supervisors passed Medical Marijuana Measure - October 5, 2004 - allowing medical marijuana patients in Santa Cruz County to possess up to three pounds of marijuana and grow up to a 100-square-foot canopy of their own cannabis plants Shasta Co F- 4
Legal Marijuana Guide - City, County and State Information Shasta Co Sierra Co Sonoma Co Tehama Co Old limits (2 outdoor plants; 6 indoors plants; or 133 Ibs, processed marijuana) overridden by SB 420 Outdoors - 3 plants (overridden by SB 420); indoors - 6 plants; quantity in possession assessed for medical need as recommended by physician DA's guidelines permit 3 Ibs for possession; maximum 100 square feet cultivation area with 99 plants or fewer (physicians may recommend more for exceptional patients) Patients may have recommendations approved through Sonoma Medical Association Sheriffs policy: 18 immature plants or 6 flowering plants; no more than 3 mature plants outdoors (overriden by SB 420); 3 Ibs dried medicine Tuolumne Co Ventura Co Yuba Co Sheriff allows up to one-half pound of marijuana, 3 plants (overridden by SB 420) Board of Supes adopted SB 420 Guidelines : 6 plants and 8 oz per patient Informal policy/individual case review; 5 plants or 15 Ibs processed marijuana Services I Site Map 1 Privacy ( Contact 102004 Best Pot Clubs, LLC