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Taking a closer look at the legalities of medical marijuana use in Lemoore
I wanted to take a moment to talk about medical marijuana due to the numerous complaints the LPD has received from medical marijuana indoor and outdoor plants that are being maintained and cultivated within the city limits by medical patients. Lemoore citizens are finding medical marijuana cultivation to be more and more common and are beginning to learn that some are so close that it could be right next door. Medical marijuana patients are also smoking medical marijuana in plain sight within their homes, which can be a shock to some citizens who are unfamiliar with medical marijuana and the legality of it. The purpose of this article is to familiarize the citizens of Lemoore with medical marijuana and LPD's policy and the city’s Municipal Code regarding the use of medical marijuana.
Cannabis (aka marijuana) is a plant that contains tetrahydrocannabinol (THC) which is the primary chemical compound that causes the psychoactive and physiological effects when smoke. THC has analgesic effects which can be used to treat pain and includes other effects such as relaxation and euphoria.
Medical marijuana was made legal per California Proposition 215 (Compassionate Use Act of 1996) and allows patients with a valid doctor's recommendation to possess and cultivate marijuana for personal medical use. Prop 215 was very unclear on any restrictions on medical marijuana so California Senate Bill 420 was later introduced to clarify the scope and application of Prop 215. California State Bill 420 set the state limit for a medical marijuana patient at 6 mature or 12 immature marijuana plants and eight ounces of marijuana bud unless the physician declared more was needed. California Senate Bill 420 also implemented the State ID card program (medical marijuana ID cards) along with other restrictions. It should be noted that medical marijuana is not prescribed by a doctor, but rather it is "recommended." Medical marijuana physicians are located primarily in Fresno and Visalia. After making an appointment with a medical marijuana physician, all you need is a valid form of identification and the fee commonly ranges from $50-$100 dollars. During the physician appointment, your medical condition will be assessed followed by whatever medical screening process the Physician opts to perform and you are issued a Medical Marijuana Recommendation to legally possess, cultivate, and use Marijuana.
During my time as a narcotics investigator dealing with medical marijuana, I have seen recommendations issued to patients for obscene limits, allowing them to grow up to 99 plants and possess up to six pounds. Based on my training and experience as a narcotics investigator, I know the average marijuana user to use approximately one gram of marijuana a day which is the equivalent of two "joints.” I also know it be common to harvest approximately one pound of marijuana from a single plant. One pound equals approximately 454 grams so one marijuana plant would provide an average/habitual marijuana user over a year's supply of product. I've always wondered what the patients did with the other 98 Marijuana plants / 98 pounds of processed Marijuana bud. I later found out during my narcotics career which includes, but is not limited to, illegal sales.
I have also contacted numerous citizens who possessed a valid prescription who informed me of their questionable medical conditions. I remember one patient informed me their medical condition requiring medical marijuana was asthma. I found this difficult to comprehend. It is my experience that medical marijuana is being abused by the younger generation as a way to legally get high and avoid getting into trouble with law enforcement. Medical marijuana is also a common front for illegal marijuana sales which can be a very lucrative criminal business. Let me be clear, not all medical marijuana patients are criminals, but based on my training and experience, criminals are getting more and more involved with medical marijuana. The one rule to medical marijuana is that it is still illegal to sell. Medical marijuana is also still and remains illegal in the United States.
As a narcotics investigator, I received numerous citizen neighbor complaints regarding medical marijuana grows and have worked with these citizens to solve the problem. Whether or not an arrest is made, it was always my goal to call the reporting person and advise them of actions taken and the results of our investigation. Confidentially is always my number one concern and will work with citizens as discretely as possible. A large number of citizens wish to remain anonymous so they don't provide me with any information to contact them. Again, confidentiality is very important, and at the minimum please provide a phone number. No personal information will be requested unless you decide to provide it. My goal is to speak with you about the investigation and provide you with updates if it's an ongoing issue. Law enforcement is a safe barrier provided to the public to keep the citizens safe from investigating complaints on their own for obvious safety reasons. So in the future, please continue to make us aware of suspicious activity such as medical marijuana fields, but please keep this in mind when choosing to be completely anonymous.
Also, if you suspect that a medical marijuana patch is in your neighborhood, don't automatically assume it’s a medical marijuana grow. People assume it’s a medical marijuana grow because they are becoming more and more common, but that's not always the case and illegal non-medical marijuana grows can be very dangerous. If it is a medical marijuana grow and you suspect illegal marijuana sales are occurring, be on the look out for the obvious tell tale signs. Those tell tale signs include a large amount of foot, bicycle, and/or vehicular short term traffic at the residence. This simply means that you're observing an irregular amount of people arriving at the residence for a short amount of time and quickly leaving, which is consistent with the amount of time it would take a person to show up and leave after purchasing illegal narcotics. This typically ranges from a few seconds to a couple minutes. Do the visitors go inside the residence or meet with someone at the door quickly before turning around and leaving? Do the visitors park in front of or nearby the residence and does someone come out and meet with them at the vehicle? Watch for a pattern. Take notice to the person that meets with the visitors on a consistent basis. Is it the same person? Is it the person that you recognize that lives at that residence? What time of day does this occur? Is it all day and all night? Do the visitors continue to show up well into the night or early morning? What does this person do when he meets with the visitors? Is there a noticeable transaction? Do you see someone retrieving something from their pocket and exchanging it with the other person which is known as a "Hand to Hand?" Do you see surveillance cameras on that person's residence? Does this person work or is he or she home all day? The more suspicious activity you notice the more detailed of an investigation the Officer can perform. Every detail observed counts when investigating these complaints.
In the City of Lemoore, we have medical marijuana municipal codes that can be found on our website of www.Lemoore.com under the Lemoore Municipal Code section.
Lemoore Municipal Code 4-8-3: Personal Use Cultivation:
An individual qualified patient or person with an identification card shall be allowed to cultivate marijuana within his/her private residence, in an attached garage, or in an accessory building if the property is a detached single-family residence. A primary caregiver shall only cultivate medical marijuana at the residence of a qualified patient or person with an identification card for whom he/she is the primary caregiver. Medical marijuana cultivation for personal use shall be subject to the following requirements:
A. Area: The medical marijuana cultivation area shall not exceed thirty two (32) square feet measured by the canopy and not exceed ten feet (10') in height per residence. This limit applies regardless of the number of qualified patients or persons with an identification card residing in the residence. The cultivation area shall be a single designated area.
B. Lighting: Medical marijuana cultivation lighting shall not exceed a total of one thousand two hundred (1,200) watts, unless a housing inspection and letter of compliance is first obtained (subsection 8-1A-2B of this code) from the Lemoore building inspection division. Such housing inspection will determine if the existing electrical system can safely supply power to the proposed lighting at the proposed location. Should alterations be needed to the electrical system, a permit will need to be obtained by the applicant prior to any work being done.
C. Building Code Requirements: Any alterations or additions to the residence, including garages and accessory buildings, shall be subject to applicable building and fire codes, including plumbing and electrical, and all applicable zoning codes, including lot coverage, setback, height requirements, and parking requirements.
D. Gas Products: The use of gas products (CO2, butane, etc.) for medical marijuana cultivation or processing is prohibited.
E. Evidence of Cultivation: From a public right of way, there shall be no evidence visible from the exterior of medical marijuana cultivation occurring on the site.
F. Residence: The qualified patient or person with an identification card shall reside in the residence where the medical marijuana cultivation occurs.
G. Cultivation Elsewhere In the City: The qualified patient or person with an identification card shall not participate in medical marijuana cultivation in any other location within the city ofLemoore.
H. Incidental Use: The residence shall maintain a kitchen, bathrooms, and primary bedrooms for their intended use and not be used primarily for medical marijuana cultivation.
I. Ventilation: The medical marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the residence, or the property line for detached single-family residences, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence and cultivating the marijuana. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the Californiabuilding code section 1203.4 natural ventilation or section 402.3 mechanical ventilation (or its equivalent(s)). Subsection 9-5A-4C1 of this code shall apply when determining the detection of odors (the "reasonable person" standard).
J. Storage of Chemicals: Any chemicals used for medical marijuana cultivation shall be stored outside of the habitable areas of the residence and outside of public view from neighboring properties and public rights of way.
K. Nuisance: The medical marijuana cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts; and shall not be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
L. Property Owner Authorization: For rental property, the lessee shall obtain written authorization from the property owner or property management company to cultivate medical marijuana.
M. Notification: The owner and any lessee of the residence upon which cultivation will occur shall inform the police department of the intent to cultivate medical marijuana and pick up a handout setting forth the owner and lessee responsibilities under this section. This notification shall be provided prior to the commencement of the cultivation, except that for existing cultivation, the information shall be provided within ten (10) days of the effective date of this chapter. The police department may direct the owner and lessee to the planning or building department for more information about building code and permit requirements that may be applicable if alterations or additions to the residence are contemplated. The police department and other involved departments shall keep patient information confidential to the extent required by law.
N. Additional Requirements for Garages andAccessoryBuildings: The following additional requirements shall apply for personal use cultivation that occurs in a garage or accessory building. The garage or accessory building shall be secure, locked, and fully enclosed, with a ceiling, roof or top. All walls and doors shall be entirely opaque. The ceiling, top or roof may contain transparent materials, provided, however, that its contents are not visible from adjoining uses, including multi-story buildings, if applicable, or public rights of way. The garage or building shall include an audible alarm or a burglar alarm monitored by an alarm company or private security company. The garage or building, including all walls, doors, and the roof, shall be constructed with a firewall assembly of green board meeting the minimum building code requirements for residential structures and include material strong enough to prevent entry except through an open door. If the garage is to be structurally altered, the underlying zone district requirements for covered parking still apply, and must retain at least one covered space per residential dwelling unit.
O. Posting of Physician Recommendation or Identification Card; Posting of Owner Permission: A copy of a qualified patient physician recommendation or identification card shall be posted in a conspicuous place in the cultivation area for each patient residing in the residence who is cultivating medical marijuana. For rental properties, a copy of the owner's written authorization to cultivate marijuana shall be posted in the same manner. (Ord. 2012-05, 11-20-2012)
The City of Lemoore has set these above mentioned Municipal Code restrictions on Medical Marijuana patients who choose to cultivate and use medical marijuana within the city limits of Lemoore and they will be enforced.
OTHER MEDICAL MARIJUANA LAWS COVERED BY THE HEALTH AND SAFETY CODE:
Citizens of Lemoore should also be aware that Medical Marijuana Patients are also not allowed to drive under the influence of Marijuana, use Marijuana outside of a residence within 1000 feet of a school, recreation center, youth center, or in a vehicle or a boat. Also No probationer or Parolee may possess Medical Marijuana unless such possession is authorized in writing by court order or parole conditions.
CONCLUSION:
Medical Marijuana is and always will be an ongoing issue with law enforcement. Please be responsible and respectful for the citizens of Lemoore if you are a medical marijuana patient and abide by the above mentioned Lemoore municipal codes to preserve everyone's health and safety. The purpose of this article is to assist Lemoore citizens who are non-medical marijuana patients with understanding the restrictions and guidelines of LPD'S policy and City Municipal Codes on that particular subject. The City Municipal Codes on medical marijuana will be enforced and we encourage anyone with questions and/or concerns to call and speak with us about it. It never hurts to ask. Again my name is Corporal Matt Smith and I can be reached by telephone on the Lemoore Police Department non-emergency daytime phone number of (559) 924-9574 (Monday-Friday 8AM-5PM) or by utilizing our after hours non-emergency phone number of (559) 924-5333. Also feel free to call my voicemail (559) 925-6806 and leave me a message. Knowledge is the key and by making everyone aware of LPD's restrictions and guidelines on "Medical Marijuana," I look forward to positive relationship on both sides of this issue. I encourage and look forward to your hearing from you so please feel free to call and speak with me about your concerns or questions on Medical Marijuana.
