State of California Medical Marijuana DEA Security Requirements
Posted by Safe & Vault on Jul 08, 2014
On November 5th, 1996, the state of California passed Proposition 215 (codified in Section 11362.5 of theCalifornia Health and Safety Code), also known as the Compassionate Use Act of 1996. 5,382,915 citizens of the State of California voted to enact Proposition 215, making California the first state to grant its residents the legal right to use marijuana for medical use within its borders. California led the way for 22 other states, and the District of Columbia. Medicinal and recreational marijuana laws are in process in many states using the law initially enacted by California as a template. §11362.5 stated that “seriously ill Californians have the right to obtain and use marijuana for medical use where medical use is deemed.” Many other states have now followed suit.
On October 12th of 2008, just days after losing his recall election, California Governor Gray Davis signed into law Senate Bill 420 (SB420) as written by Senator John Vasconcellos. Gov. Davis stated that the state of California was within its rights “pursuant to the powers reserved to the State of California and its people under the Tenth Amendment to the United States Constitution.”
SB 420 was meant to act as a de facto amendment to Proposition 215. It established the creation of the California Department of Public Health’s Medical Marijuana Program (MMP.) The MMP took control of the establishment of the Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use. While these guidelines are not legally binding law, they were signed into being by then Attorney General Edmund G. Brown, Jr., and are adhered to by the State of California.
While Proposition 215 and State Bill 420 are in many ways alike, there were several major changes addressed in SB 420. SB 420 stated that;
- as established in People v. Kelly, residents with identification cards issued by the State of California as patients who are prescribed medicinal marijuana are protected from unnecessary arrest.
- cooperatives and collectives could legally be established.
- zones were to be established statewide that were to be free from marijuana use under any and all circumstances.
- patients and caregivers were protected from arrest for transportation and other miscellaneous marijuana charges that were not covered in Prop 215.
- probationers, parolees, and probationers did have the right to apply for a medical marijuana ID card.
- it is a crime to fraudulently provide misinformation to get a medical marijuana state ID card.
The only mention of “security” with regard to medicinal marijuana is found in the Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, Section IV.B.(8). This section states that “Collectives and cooperatives should provide adequate security to ensure patients are safe and that the surrounding homes or businesses are not negatively impacted by nuisance activity such as loitering or crime.”
California adheres to Federal Drug Enforcement Agency (DEA) law with regard to storage and containment of medicinal marijuana. DEA regulations under Title 21 of the Code of Federal Regulations Part 1301 specify that, in the instance of small amounts of the drug permit, a DEA Approved safe or steel cabinet may be used. The safe or cabinet must provide;
- 30 man -minutes against surreptitious entry
- 10 man-minutes against forced entry
- 20 man-hours against lock manipulation
- 20 man-hours against radiological techniques
The Code also states that if a safe or steel cabinet weighs less than 750 lbs., it must be bolted or cemented to the floor in such a way that it cannot be removed. Depending on the quantity and type of the substance(s) being stored, the safe or cabinet must be equipped with an alarm system which, upon attempted break-in, shall transmit a signal directly to a central protection company or State police agency which has a legal duty to respond, or a 24-hour control station operated by the registrant, or such other protection.