Press
Release April 10, 2003
Compassionate
Use Act (CUA) of 1996
On November 5, 1996, the voters of California
through the initiative process, passed the Compassionate Use
Act (CUA) of 1996. This act declared that the intent of the people
of the State of California was:
To ensure that seriously ill Californians
have the right to obtain and use marijuana for medical purposes
where that medical use is deemed appropriate and has been recommended
by a physician who has determined that the person's health would
benefit from the use of marijuana in the treatment of cancer,
anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis,
migraine, or any other illness for which marijuana provides relief.
To ensure that patients and their primary
care givers who obtain and use marijuana for medical purposes
upon the recommendation of a physician are not subject to criminal
prosecution or sanction.
While the CUA clearly established the
intent of the voters, it did not provide any guidelines to prosecutors,
law enforcement officers, medicinal marijuana users or physicians
as to circumstances under which the CUA would exempt a person
from arrest or prosecution for possession or use of marijuana.
In an effort to develop guidelines based upon legitimate medicinal
need and the practicalities of obtaining marijuana for medicinal
purposes, El Dorado County District Attorney Gary Lacy and El
Dorado County Sheriff Jeff Neves have spent over a year in numerous
meetings with medical doctors, advocates for medicinal marijuana
users and local law enforcement officials. Through these meetings,
District Attorney Lacy and Sheriff Neves have developed some
guidelines for the public to assist them in understanding the
circumstances under which marijuana may be grown, possessed or
used by those who have a legitimate medicinal need for marijuana
as well as their care givers This information will assist not
only those individuals who use marijuana medicinally, but will
also provide guidance to physicians recommending the use of marijuana
for medicinal purposes as well as law enforcement officers enforcing
our drug laws.
The following is the policy which has
been adopted for the use, possession and cultivation of marijuana
within the intent of the CUA for El Dorado County:
POLICY
Outdoor Cultivation (per patient - with
a physician's recommendation):
- March 1 through July 31 of each year
20 marijuana plants
- August 1 through October (harvest)
10 marijuana plants
Processed marijuana (per patient):
- September 1st through February
28
Up to two (2) pounds
- March 1st through August 31st Up to one (1) pound
Indoor Cultivation (per patient - with
a physician's recommendation:
On any given day:
- Ten (10) marijuana plants in "flower" stage
- One (1) "mother" marijuana
plant
- Ten (10) "clones" /
vegetative marijuana plants
- No more than one (1) pound of processed marijuana
Note: Patients or care givers cultivating marijuana for an authorized patient
may not maintain an outdoor cultivation and an indoor cultivation at the
same time.
Physician's Recommendation:
Written physician's recommendation should include
the following information:
- Patient's
name
- Date of
issue
- Physician's
name, address and phone number
- Requires
annual renewal
- It is recommended
that copies of physician's recommendations
be posted at the garden
site(s) and on file with law enforcement
(WENET).
Primary Care Giver:
May grow for:
- Members of care giver's household
- with physician's recommendation(s).
- No more than three (3) patients
outside care giver's household - with physician's recommendation(s).
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