Education

Police Officers Training of Law Enforcement Clearly defined policies and human

resource guidelines Zoning and Dispensary

DHS and the writers of the proposition took the position that if a city does not enact new reasonable zoning regulations, Medical Marijuana shall be allowed everywhere in the city that is more than 500 feet from a school, without limits.

"CARDHOLDER" MEANS A QUALIFYING PATIENT, A DESIGNATED CAREGIVER OR A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT WHO HAS BEEN ISSUED AND POSSESSES A VALID REGISTRY IDENTIFICATION CARD.

"QUALIFYING PATIENT" MEANS A PERSON WHO HAS BEEN DIAGNOSED BY A PHYSICIAN AS HAVING A DEBILITATING MEDICAL CONDITION.

ALLOWABLE AMOUNT OF MARIJUANA” TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA

A QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED LOCKED FACILITY IF THE

PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING.

Issues-Cardholders1.What if the person claims to have a

card but cannot show it? • Nothing requires a person to carry card• There is a presumption if the person has a

card and an allowable amount of marijuana that the person is engaged in the use of medical marijuana

• DHS may get behind on issuing cards• Do we arrest, book or long form (not CLD

eligible)?

Issues- Arrest 28-1381.A.3 driving while under the influence of drugs• May no longer be enforceable for cardholders• Some believe med marijuana is an affirmative defense,

so we can still arrest, but must consider;

36-2811.B. A REGISTERED QUALIFYING PATIENT OR REGISTERED DESIGNATED CAREGIVER IS NOT SUBJECT TO ARREST, PROSECUTION OR PENALTY IN ANY MANNER, OR DENIAL OF ANY RIGHT OR PRIVILEGE, INCLUDING ANY CIVIL PENALTY OR DISCIPLINARY ACTION BY A COURT OR OCCUPATIONAL OR PROFESSIONAL LICENSING BOARD OR BUREAU:

FOR THE REGISTERED QUALIFYING PATIENT’S MEDICAL USE OF MARIJUANA PURSUANT TO THIS CHAPTER, IF THE REGISTERED QUALIFYING PATIENT DOES NOT POSSESS MORE THAN THE ALLOWABLE AMOUNT OF MARIJUANA.

Issues- Miscellaneous1.If an officers stop a car and the driver

admits to using med marijuana can the officer search the car?

• Do you have PC that the occupant/s are in possession of marijuana simply because the driver admitted to med use?

• Also need to consider Miranda issues before questioning occupant/s (i.e. are they in custody)

Issues- Are we exempt?1.If your City/Town receives federal

funding you are subject to the federal drug free workplace rules and there is a good argument that you are therefore exempt.

2.If your City/Town decides they are not exempt there are a few issues you need to be aware of.