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| Being Prepared |
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Fortunately, many patients and caregivers never
encounter law enforcement problems. Those that do, fairly regularly report
successful interactions with local and county police. Many municipalities
offer strong protection to medical marijuana patients. However, even in
friendly jurisdictions, patients are still being harassed and arrested for
medical marijuana, even if they present a valid, current doctor's
recommendation and a cooperative dispensary membership card.
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| Sensible Medical Marijuana Use |
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| Patients and caregivers should educate themselves about medical marijuana and
understand the benefits and potential side effects of this medicine. By
being a sensible medical marijuana user and making informed decisions, you
can be as healthy as possible and help change the way people think about
medical marijuana use. |
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| Guidelines for Sensible Medical Marijuana Use: |
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1. Always listen to the advice of your doctor and use good judgment when
using medical marijuana.
2. Carefully determine the amount of marijuana that is right for you.
Start with a small amount and slowly increase your dosage to find the proper
level for symptomatic relief.
3. Inform yourself about marijuana's effects on yourself and others. These
effects include legal and health risks, as well as potential personal
consequences.
4. Clearly understand the benefits of marijuana and relief that its use
provides you. Be able to explain your use to people who desire information
about your use of marijuana as an excuse or cue for antisocial or
irresponsible behavior.
5. Never use medical marijuana as an excuse or cue for antisocial or
irresponsible behavior.
6. Avoid medical marijuana uses that puts you or others at risk, such as
when driving, at work, or in public places. Remember, you can still be
arrested for marijuana use and penalties can be stiff. As with any other
prescription medication, it remains illegal to drive while under the
influence.
7. Medical marijuana should contribute to, rather than detract from health,
well-being, work, and relationships.
8. Always carry a copy of your physician's recommendation or caregiver's
agreement and recommendation with your medical marijuana.
9. In addition, although the state-issued ID card is not necessary to
obtain the protection of California's medical marijuana laws, law enforcement
is more likely to honor ID cards, so it is a good idea to carry your ID card
with you.
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| Being a Good Neighbor |
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A common cause of trouble for both patients and caregivers is complaints by
neighbors. This problem might manifest itself in the form of an unpleasant
personal confrontation or neighbors may report concerns about nuisance and
safety to the police in some cases. Subsequent investigations have led to
the arrest of patients and caregivers and to the closure of medical
marijuana dispensing collectives.
Neighbors and the nearby businesses may or may not share you opinion about
medical marijuana. But, they will be much more likely to respect your
right to safe medicine if you are not creating any harm or annoyance for
them. By being conscious of neighbors' rights, privacy and property,
patients and dispensing collectives can establish and maintain harmonious
relationships.
Domestic disputes, loud music, illegal parking, barking dogs, and other
nuisances could cause neighbors to call the police. Police are required to
investigate these reports, and they will come to your location.
This can
lead to citations or criminal charges for nuisance violations and also to
further investigations that may detect you medical marijuana use. Being a
good neighbor can help you avoid these encounters. |
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| Being Prepared in Advance for Successful Low Enforcement Encounters |
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Any patient or caregiver can become the target of a law enforcement action.
Each person who decided to use medical marijuana, or helps a patient to do
so, should be prepared to successfully maneuver through these encounters.
You might not be able to avoid arrest in each instance, but chances of
successfully fighting charges are greatly improved by education and careful
planning.
There are many measures you can take before legal problems occur. You
should carefully study the Law Enforcement Encounters section of this manual
and, if possible, attend a training class in you local area to most
effectively learn this detailed information. You should also stay on top of
the basics.
Maintain a current doctor's recommendation and have a clearly
defined patient/caregiver relationship. Keep a copy of you recommendation
in your wallet or purse at all times.
You may want to memorize your
physician's and lawyer's phone numbers, or write them down to keep with your
doctor's recommendation or identification.
It is very important to inform the people in your life, such as family,
friends, and roommates, about your medical use of marijuana. They should be
prepared to assist if you are arrested or harassed. They should also be
educated about their legal rights (see the "know your rights" information),
as they may be questioned in an investigation of you marijuana use. Also, be
aware of how to get out of jail if you are arrested. You may want to make a
plan for bail, bond, or being released from jail on your own recognizance.
You may want to protect and organize your personal belongings and financial
data and make a plan for emergency child, pet, and plant care. Lastly,
always stay alert for signs of surveillance and be aware of potential
conflicts with the neighbors to avert problems early. |
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| Safe Gardening Have Your Paperwork Together |
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Post a copy of your medical marijuana recommendation, along with the text of
California HS 11362.5, prominently at any place where marijuana is
cultivated. Keep a copy of your medical records and keep a duplicate of
everything at an off-site location. In addition, if you use more marijuana
than local guidelines allow, you should have a note form your doctor
specifying that.
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| Use common Sense |
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| Fewer plants attract less attention from thieves and other who may wish you
harm, so be realistic about the amount of marijuana you will need.
Packaging your medicine in eight- or quarter-ounce baggies looks
suspicious. Note that marijuana stores better in glass jars stored out of
plain view, than in baggies.
Consider safety when you do medicate; marijuana smoke has a very distinctive
smell. You will attract less attention if you do not smoke marijuana in
plain view or near windows.
Do not drive your care while smoking. If the police smell marijuana smoke,
they can search your vehicle. If you are going somewhere medicate after you
arrive, or bring your medicine in edible form. Please not that
Proposition 215 won't protect you from charges of driving under the
influence of marijuana. |
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| In the Garden |
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Don't be sloppy. Compost or eliminate trash off-site. The larger the
garden appears, the more likely you are to attract the attention of thieves
or others who wish to cause you harm.
Cultivating indoors is generally considered safer because it helps avoid
nosy neighbors and reduces the risk of theft.
Use extra odor-control methods during harvest to avoid offending neighbors.
The plants smell especially pungent at this time, as they are particularly
resinous. You may find the smell lingering in the air, on your clothes, and
in your hair.
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| If you Are Under Investigation |
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In the even of a law-enforcement encounter, don't talk to the police beyond
showing them your identification, physician's statement, and medical marijuana
ID card, if applicable. Keep relevant records near your garden and have an
attorney to call right away. If you are determined to talk to the police
without an attorney, get your affairs in order first and prepare to do some
prison time.
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Talking to your Attorney about the Garden |
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| You may talk to your lawyer about your garden, as Prop. 215 protect
patients and caregivers who cultivate marijuana. Be careful discussing your
financial situation with regard to your garden, and never make reference to
selling marijuana. The law is written to allow financial reimbursement from
patients only for labor and expenses and nothing more. If you attorney is
unfamiliar with medical marijuana law, be prepared to educate them or ask
them to contact ASA for more information. |
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