NOTE TO READER: With President Barack Obama making good on his campaign promise to end DEA and FBI operations to arrest and remove medical marijuana patients, their caregivers, and dispensaries operating in States which have passed medical marijuana legislation, it's time for the City of Santa Cruz to implement its "Office of Compassionate Use".
Here is the full text of the ordinance:
Chapter 6.92
MEDICAL MARIJUANA – OFFICE OF COMPASSIONATE USE*
* Editor’s Note Regarding Effective Date of Ordinance Codified in this Chapter. Section 3 of Ordinance 2005-28 states: “This ordinance shall take effect thirty days after the date of its adoption, but the OCU shall not cultivate, obtain, possess or distribute any marijuana pursuant to this ordinance until such time as a court of competent jurisdiction has issued a final order finding such activity to be permissible under federal law. As used herein, the term ‘final order’ shall not include a court order which has been appealed or is under review or appeal.”
Sections:
6.92.010 Definitions.
6.92.020 Creating an office of compassionate use to provide marijuana to seriously ill patients.
6.92.030 Creating an OCU commission to advise the OCU in implementing this chapter.
6.92.040 Compassionate provision of medical marijuana to qualified patients.
6.92.050 Patient records.
6.92.060 Possession, transportation and storage of medical marijuana.
6.92.070 Prior investigation by law enforcement.
6.92.080 Miscellaneous applications.
6.92.090 Review of medical literature to ensure necessity of medical use.
6.92.100 Revenue neutral.
6.92.010 DEFINITIONS.
1. Qualified Patients. A “qualified patient” is one that is entitled to possess medical marijuana pursuant to Health and Safety Code section 11362.5. There are two categories of qualified patients:
A. Critical-Use Patient. A “critical-use patient” is a qualified patient who (a) obtains a recommendation to use marijuana for medical purposes from a physician licensed to practice medicine in the State of California and (b) for whom there is no comparable or satisfactory alternative drug available.
B. Compassionate-Use Patient. A “compassionate-use patient” is a qualified patient who obtains a recommendation to use marijuana for medical purposes from a physician licensed to practice medicine in the State of California.
2. Primary Caregiver. “Primary caregiver” means the individual designated by a qualified patient who has consistently assumed responsibility for the housing, health or safety of the patient, or who has consistently assumed responsibility for the provision of medical marijuana to the qualified patient.
3. Marijuana. “Marijuana” means all parts of Cannabis plants, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
4. Legal Source. A “legal source” refers to marijuana obtained or cultivated legally under current law or court order, organically grown in accordance with California certified organic farmers certification standards.
5. Medical Review Officer. A “medical review officer” is a physician with expertise concerning the medical use of marijuana.
6. California State Medical Marijuana Provisions. California state medical marijuana provisions refers to the Compassionate Use Act of 1996, codified as Health and Safety Code section 11362.5, and the Medical Marijuana Program, codified as Health and Safety Code Sections 11362.7 et seq.
(Ord. 2005-32 § 1, 2005: Ord. 2005-28 § 1 (part), 2005).
6.92.020 CREATING AN OFFICE OF COMPASSIONATE USE TO PROVIDE MARIJUANA TO SERIOUSLY ILL PATIENTS.
The city of Santa Cruz hereby establishes an Office of Compassionate Use (“OCU”). The OCU shall be responsible for:
1. Providing medical marijuana to qualified patients in accord with this chapter. The OCU shall utilize medical marijuana from a legal source and store it in a secure location. If marijuana from a legal source is not available in sufficient amounts to care for all qualified patients who are residents of Santa Cruz county, the OCU shall so notify the Santa Cruz city council.
2. Associating with a medical review officer to serve the functions set forth in this chapter.
(Ord. 2005-28 § 1 (part), 2005).
6.92.030 CREATING AN OCU COMMISSION TO ADVISE THE OCU IN IMPLEMENTING THIS CHAPTER.
The city of Santa Cruz further hereby establishes an OCU commission to advise and assist the OCU in carrying out the duties specified in Section 6.92.020 of this chapter and in further implementing this chapter. The OCU commission shall be comprised of five (5) persons appointed by the Santa Cruz city council, of whom at least two (2) shall be qualified patients or caregivers and at least two (2) others shall be health care professionals. The OCU commission shall issue regular reports to the Santa Cruz city council concerning the implementation of this chapter.
(Ord. 2005-28 § 1 (part), 2005).
6.92.040 COMPASSIONATE PROVISION OF MEDICAL MARIJUANA TO QUALIFIED PATIENTS.
When presented with a valid compassionate-use identification card issued by the health services agency of Santa Cruz County pursuant to Chapter 7.124 of the county code, the OCU shall provide the patient, or the primary caregiver, with the amount of marijuana recommended by the physician for use over a one-month period. If the physician has not recommended a specific amount of marijuana, the OCU shall consult with and provide the amount of marijuana recommended by the medical review officer for use over a one-month period, taking into account the potency of the marijuana to be provided, the severity of the patient’s symptoms, the patient’s physiology, the patient’s familiarity with medical marijuana, and the anticipated mode of ingestion. In no event shall the amount of marijuana provided for any patient over a one-year period be more than permitted under the California state medical marijuana provisions and Santa Cruz County ordinances. If there is insufficient marijuana available to treat all qualified patients, critical-use patients shall have priority in the receipt of medical marijuana.
(Ord. 2005-28 § 1 (part), 2005).
6.92.050 PATIENT RECORDS.
The OCU will maintain a record of the patients who have been provided medical marijuana pursuant to this chapter. These records shall contain (1) the serial number provided to each patient by the health services agency of Santa Cruz County pursuant to Chapter 7.124 of the county code, (2) the amount of marijuana recommended by either the patient’s physician or the medical review officer and (3) the amount of marijuana provided to each patient. These records shall not contain the names or other identifying information of any patients or primary caregivers.
(Ord. 2005-28 § 1 (part), 2005).
6.92.060 POSSESSION, TRANSPORTATION AND STORAGE OF MEDICAL MARIJUANA.
The possession, transportation or storage of medical marijuana by the OCU or its employees in accord with the California state medical marijuana law provisions and this chapter shall be lawful.
(Ord. 2005-28 § 1 (part), 2005).
6.92.070 PRIOR INVESTIGATION BY LAW ENFORCEMENT.
When an alleged marijuana possession is discovered by law enforcement personnel, all reasonable efforts shall be made to investigate and determine whether or not the possession is for medical purposes in accord with the California state medical marijuana law provisions and this chapter. Such investigation shall be conducted prior to any seizure or arrest.
(Ord. 2005-28 § 1 (part), 2005).
6.92.080 MISCELLANEOUS APPLICATIONS.
Possession, transportation and use of the following items shall be lawful when used in accord with the California state medical marijuana law provisions and this chapter:
(1) Pipes, papers, water pipes, vaporizers and other related paraphernalia;
(2) Marijuana, marijuana seeds and marijuana products (such as baked goods, tinctures, infusions, oils, salves and any other marijuana derivatives).
(Ord. 2005-28 § 1 (part), 2005).
6.92.090 REVIEW OF MEDICAL LITERATURE TO ENSURE NECESSITY OF MEDICAL USE.
Every two years, the OCU shall conduct a review of the current scientific research into the status of medical marijuana. The OCU shall promptly prepare a report and provide it to the city council summarizing the status of research into medical marijuana.
(Ord. 2005-28 § 1 (part), 2005).
6.92.100 REVENUE NEUTRAL.
The city of Santa Cruz shall enact administrative regulations governing the imposition of fees for participation in the compassionate use program, to ensure that the OCU is revenue neutral. Notwithstanding this section, no resident of Santa Cruz county will be refused the compassionate use of marijuana under this chapter because of indigence.
(Ord. 2005-28 § 1 (part), 2005).
Find this online at: http://www.codepublishing.com/CA/SantaCruz/html/SantaCruz06/SantaCruz0692.html
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