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581-1. Findings and Purpose.
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(a) In 1996, the voters of the State of California approved Proposition 215, also known as the Compassionate Use Act of 1996, creating California Health and Safety Code section 11362.5. (Ord. 2328, § 1, 8/17/2004)

(b) California Health and Safety Code section 11362.5(d) states: “Section 11357, relating to the possession of marijuana [cannabis], and section 11358, relating to the cultivation of marijuana, shall not apply to a patient or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.” (Ord. 2328, § 1, 8/17/2004)

(c) For the purposes of this ordinance, the Humboldt County Board of Supervisors determines that three (3) pounds of dried cannabis bud per year is a reasonable amount for medical marijuana patients to cultivate, possess and consume their medicine, absent a demonstrated medically prescribed need for a greater amount than three (3) pounds. (Ord. 2328, § 1, 8/17/2004)

(d) For the purposes of this ordinance, the Humboldt County Board of Supervisors determines that a one-hundred (100) square foot canopy of mature female cannabis plants, typically will yield three(3) pounds of dried and processed cannabis bud per year, outdoor, regardless of the number of marijuana plants. (Ord. 2328, § 1, 8/17/2004)

(e) The Humboldt County Board of Supervisors through this ordinance exercises its authority under California Health and Safety Code section 11362.77(c) to enact medical marijuana guidelines which allow qualified medical marijuana patients or their primary caregivers to exceed the default threshold of the State of California of eight (8) ounces of dried female cannabis flowers in addition to six (6) mature or twelve (12) immature plants per qualified patient. (Ord. 2328, § 1, 8/17/2004)

(f) The Humboldt County Board of Supervisors through this ordinance set a simple, reasonable and efficient guideline for law enforcement officers to use in evaluating individual and collective patient medical marijuana gardens and on-hand supplies. (Ord. 2328, § 1, 8/17/2004)

(g) This ordinance does not prohibit a jail, correctional facility, or other penal institution in which prisoners reside or persons under arrest who has an identification card, to use marijuana for medical purposes under circumstances that will not endanger the health or safety of other prisoners or security of the facility. (Ord. 2328, § 1, 08/17/2004)

This ordinance does not require any accommodation of any medical use of marijuana on the property or premises of any jail, correctional facility, or other type of penal institution in which prisoners reside or persons under arrest are detained. (Ord. 2328, § 1, 8/17/2004)

(h) This ordinance does not address the enforcement of federal law. (Ord. 2328, § 1, 8/17/2004)

(i) This ordinance does not address, nor is it intended to limit or restrict, the enforcement of any law, ordinance, or regulation (1) within the boundaries of any Indian reservation or incorporated city, (2) on any property owned or leased by either the federal or state government, or (3) by any federal, state, tribal, or city officers or employees. (Ord. 2328, § 1, 8/17/2004)

(j) This ordinance does not address, nor is it intended to limit or restrict, the enforcement of any state or federal law or ordinance, policy, regulation, or rule adopted by any school, community college district, university or any other local public agency whose governing body is not the Humboldt County Board of Supervisors. (Ord. 2328, § 1, 8/17/2004)

(k) This ordinance does not address, nor is it intended to require, any accommodation of any medical use of marijuana on the property or premises of any place of employment or during the hours of employment. (Ord. 2328, § 1, 8/17/2004)

(l) This ordinance does not authorize a qualified patient or person with an identification card to engage in the possession of medical marijuana under any of the following circumstances:

(1) In any place where smoking is prohibited by law. (Ord. 2328, § 1, 8/17/2004)

(2) In or within 1,000 feet of the grounds of a school, recreation center, or youth center, unless the medical use occurs within a residence. (Ord. 2328, § 1, 8/17/2004)

(3) On a school bus. (Ord. 2328, § 1, 8/17/2004)

(4) While in a motor vehicle that is being operated. (Ord. 2328, § 1, 8/17/2004)

(5) While operating a boat. (Ord. 2328, § 1, 8/17/2004)

(Ord. 2328, § 1, 8/17/2004)

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