The following guidelines should not be relied on as legal advice - SAMM is not a legal service's provider. The list merely attempts to describe the best way to avoid conflict with local law enforcement. It is based on SAMM's previous discussions with law enforcement officials, as well as communications with patients and caregivers who have been investigated, arrested or prosecuted. If you have any questions about whether you are protected by the Compassionate Use Act, you should discuss your specific situation with an attorney.
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Do get a written approval/recommendation signed only by a currently licensed California physician (M.D. or D.O., not a chiropractor). Or, obtain a copy of your medical file stating the same. An oral approval is legal but requires the doctor's testimony.
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Do request that the physician use the words "approve" or "recommend", or other terms that indicate approval on your paperwork.
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Do have a Sonoma County physician. An out of county approval is legal but may delay verification by law enforcement.
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Do have your doctor note your marijuana usage (e.g. 3 grams /day) on your paperwork.
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Do keep a scale to weigh out dosages and document your yield.
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Do be aware that individual officers consider sophisticated scales as evidence of distribution or sales, however, SAMM and the experts they have consulted with agree on the necessity for patients to titrate dosages and track yield.
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Do store your physician-approved cannabis in clearly labeled packages consistent with your usage.
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Do keep your approval current by renewing it at least once per year.
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Do have your Sonoma County physician apply for Peer Review through the Sonoma County Medical Association.
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OPTIONAL: Do disclose your Peer Review finding to the Sonoma County District Attorney. Your address will be entered into the Sonoma County Sheriff's database as a Peer Reviewed patient. Law enforcement has informed SAMM that disclosure would not prompt an investigation and that they would consult their list of Peer Review patients prior to investigating complaints. Disclosure should prevent arrest and seizure of your plants or dried marijuana as long as there is no evidence of criminal activity. However, SAMM cannot predict or control the behavior of individual officers.
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Do establish a consistent relationship with your primary caregiver. Make sure your caregiver is knowledgeable about your medical condition. Give caregiver copies of your approval, usage, and Peer Review letter. Work out reimbursements for costs and labor.
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Do document your yield, if cultivating, after every harvest and match it to your recorded use.
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Do post your approval and other appropriate paperwork in your garden, and with your stored medicine.
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Do consider having an attorney on retainer if you are cultivating.
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Do seek reimbursement from your home insurance carrier if your medical marijuana is stolen or seized.
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Do possess an amount of marijuana that is reasonably related to your approved medical usage. For example, if you are cultivating and expect your next harvest in three months, do not possess more than a three-month supply on hand.
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Don't possess illegal guns or other illegal weapons. Registered guns or other weapons need to be unloaded and locked up. Store ammunition separately.
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Don't possess illegal substances.
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Don't sell or give your physician-approved marijuana to anyone, even to a patient.
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Don't transport an amount of cannabis greater than what is "reasonably related to the patient's current medical needs". Keep it in a locked container.
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Don't have large sums of money unless you can document its source. Store money separate from your medical marijuana.
