[ASA Field]

I got a bit behind on posting these, but they're all still relevant, so here you go...

September Legal Tip of the Month
Tips for Safer Cultivation

Prop 215 & SB 420 guarantee qualified patients the right to possess, cultivate, and transport their medicine & plants. However, in practice, patients who cultivate often tend to run afoul of landlords, neighbors, and law enforcement because of ignorance of the law, willful refusal to enforce it, and patient irresponsibility. Here are some tips for safer cultivation to assist in avoiding confrontation.

* Cultivating indoors is safer because it avoids nosy neighbors and reduces risk of theft.
* Post all recommendations in plain view and try to stay under the local guidelines, as your condition allows. Keep a copy of your medical records and paperwork off-site.
* If you need to exceed the local guidelines, ask your doctor for a written exemption on your recommendation.
* Fewer plants attract less attention from thieves and hostile law enforcement, so grow what you need. Compost or eliminate trash offsite.
* Use extra odor-control methods during harvest to avoid offending neighbors.
* 1 (or more) Caregiver(s) + 1 Patient may collectively cultivate only what the 1 recommendation authorizes.
* Regarding the Default County Guidelines (8 oz. of medicine + 6 mature OR 12 immature plants), please note that 1 patient may possess EITHER the mature plants OR the immature plants. Thus, it is safest to cultivate only what will produce an expected yield of mature plants that remains within the guidelines.
* When cultivating collectively, count the recommendations and DO THE MATH to determine your capacity of mature or immature plants. The DEA is more interested in sites that exceed 99 plants.

October Legal Tip of the Month
Medical Marijuana and Landlord/Tenant Law

Medical marijuana patients’ rights under landlord/tenant law remain unresolved. While a qualified patient is entitled to possess at least 8 oz. of medical marijuana AND 6 mature OR 12 immature plants, California law does not specify where cultivation is appropriate. Unfortunately, some landlords, upon learning of a tenant’s patient status, possession, or cultivation may even threaten eviction.

After a negative interaction with a landlord regarding medical marijuana, try to negotiate and use the letter found on our website. If your landlord has asked you to remove your plants, explore cultivating in an alternate location. Explain that you are a medical marijuana patient, and that you are legally allowed to possess/cultivate/medicate in California. You may want to inform your landlord of your condition, and how marijuana specifically helps you. Note that some landlords must rent to patients for California’s medical marijuana laws to have any meaning. If cultivating, assuage any fears your landlord might have about possible damage to the apartment. As a last resort, inform the landlord that you intend to file a complaint with the Department of Fair Employment and Housing if evicted. While you may ultimately leave, use the negotiations to win helpful concessions from the landlord, such as a 6-month extension of the lease and/or moving expenses

November Legal Tip of the Month
How to Handle a Law Enforcement Encounter:
Walking Around - Part 1 of a 3-Part Series

When walking around with your medicine, be discreet: try not to medicate in open view. Do not medicate in any place where smoking is prohibited by law or within 1,000 feet of the grounds of a school, recreation center, or youth center. Carry a copy of your recommendation and state-issued ID card with you whenever you have your medicine.

If an officer approaches you, do not mention marijuana or your patient status unless marijuana has been found, at which point present your documentation and continue to not provide extra information. If the officer engages you in casual conversation, you only need to give them your name and your driver’s license. Ask if you are being detained, and if not, walk away. If the officer detains you, ask why! Make them cite the law (and remember what they say).

If the officer asks, “Do you mind if I search your person, or look in your purse or bag?” respond, “I do not consent to a search.” If you are arrested, say “I choose to remain silent and I want to see a lawyer.” (Remember to then remain silent).

December Legal Tip of the Month
How to Handle a Law Enforcement Encounter:
In Your Home - Part 2 of a 3-Part Series

Though medical marijuana was legalized ten years ago, if you possess or cultivate medicine in your home, you continue to be at risk of a police interaction. If you cultivate, post all copies of all recommendations, state ID cards, and caregiver agreements in your garden, and try to stay under your county guidelines, as your condition allows. Keep copies of these documents near your processed medicine as well. If there are children in the house, ensure that all medicine (including cannabis butter) is secured by lock and key and inaccessible.

If law enforcement knocks on your door, step outside and close the door behind you while the officers explain their intentions. Do not leave the door open. Then, ask for a search warrant, and do not let officers in without one. If the officers present you with a warrant, make sure it includes the correct address, a relatively recent date, and a judge’s signature before allowing them to enter.

Once the officers are in your home, with or without a search warrant, say, “I do not consent to a search.” You need not answer any questions except to present your recommendation and state ID card (if you have one) to explain any possession or cultivation that the officers discover.

January Legal Tip of the Month
How to Handle a Law Enforcement Encounter:
Driving in Your Car - Part 3 of a 3-part Series

As a medical marijuana patient, you may legally transport your medicine under California law, but the risk of a police interaction remains. Ideally, when transporting medicine, obey all traffic laws, securely lock your medicine in the trunk in a sealed container that limits odor, and do not transport any partially consumed medicine in the vehicle.

It is very important to pay attention to the county guidelines regarding the allowable amount of medicine you may possess. These can be found at www.safeaccessnow.net/countyguidelines.htm. When planning your trip, identify all counties through which you intend to travel, and, if possible, do not transport more medicine than the most conservative county guideline allows (in many counties, this will be the default guideline of 8 oz. of dried marijuana and 6 mature or 12 immature plants).

Do not medicate immediately before or while driving, as it remains illegal to drive while "under the influence" of marijuana, and police often charge patients with Driving Under the Influence-Marijuana as a form of harassment.

If you are stopped while driving:
1. Do not consent to a search
2. Assert your right to remain silent and DO NOT provide unsolicited information about your patient status, possession of medicine, or the last time you medicated.
3. If marijuana is found, assert your patient status and provide your recommendation and/or state ID card.

__________________________________________________

For more legal information, visit ASA's Legal FAQ page at: www.AmericansforSafeAccess.org/LegalFAQ

[Au_Hunter]

Good tips, thanks.

If you don't know your rights you have none!

[squatter420]

I appreciate the work that goes into this type of information. I hope more WTers read it. It would help with a lot of the more repetitive questions.

[evilone]

where is a good place to see what the guidelines are for your area? (for # of mature plants)

[ASA Field]

Originally Posted by evilone

where is a good place to see what the guidelines are for your area? (for # of mature plants)

Here: http://safeaccessnow.net/countyguidelines.htm

Do the police need to see the original copy of my recommendation if i am in my car?
Or would a copy of it do the trick?

[ASA Field]

Originally Posted by anthonyf

Do the police need to see the original copy of my recommendation if i am in my car?
Or would a copy of it do the trick?

A copy should suffice, though some officers will use any excuse they can find to ticket, arrest or take away medicine.

[LongSlowGoodbye]

wow, good info , some things I didnt know,.. thanks for posting this

[MedX]

Are you guys posting any more Legal tips of the month? These are very helpful. I am part of ASA in San Jose. We just started up and I think we would like to incorporate these tips into our meetings.

[ladyknight]

I will post them for you :)