I believe this is the card I want to get? It is issued by the DHS.
J. Law Enforcement
No qualified patient or designated primary caregiver in possession of a valid physician's recommendation shall be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana in an amount established pursuant to this article, unless there is reasonable cause to believe that the information contained in their recommendation or ID card is false or falsified, the documentation has been obtained by means of fraud, or the person is otherwise in violation of the provisions of this article. As discussed above it is not necessary for a person to obtain an identification card in order to claim the protections of Section 11362.5.
While SB 420 helped to clarify the CUA and was meant to enforce protection of patients and caregivers from arrest and prosecution, it said nothing about medicine seizure, and unfortunately led way to a split decision in People v. Mower (2003). The Mower decision on its face looks good in that it reinforced patients' apparent protection from arrest and prosecution. However, the California Supreme Court ruled in Mower that with "probable cause" police officers could search, seize and arrest patients even after being provided valid documentation. ASA is attempting to clarify "probable cause" through proactive litigation against the state.
Additionally, under Cal. H & S 11362.78; "A state or local law enforcement agency or officer shall not refuse to accept an identification card issued by the Department unless the state or local law enforcement agency or officer has reasonable cause to believe that the information contained in the card is false or fraudulent, or the card is being used fraudulently."
A person found to have fraudulently obtained access to medical marijuana will be subject to the following penalties:
1. For the first offense, imprisonment in the county jail for no more than six months or a fine not to exceed one thousand dollars ($1,000), or both; and
2. For a second or subsequent offense, imprisonment in the county jail for no more than one year, or a fine not to exceed one thousand dollars ($1,000), or both.
In addition to the penalties described above, any person may be precluded from attempting to obtain, or obtaining or using, an identification card for a period of up to six months at the discretion of the court.
everyone i know in Ukiah that got the state card got a visit form the sheriff...
if they were over the state issued plant count limit, the sheriff and his friends removed the "uneccesary" plants from the property. this was last year. ..
i would think long and hard about listing yourself on a goverment list that says "I USE MARIJUANA AND POSSIBLY GROW"
no thanks....
Funny that I don't have a dhs card, but I have a sellers permit. Welcome to California!
Aside from the obvious, what is a seller's permit? Who issued it?
PC