Thanks for the link! My girlfriend and I were looking for this info today, but could not find it!

Is it legal to grow cannabis in Santa Cruz for medical use, without a perscription?

Standard disclaimer: I am not a lawyer. If I were, I'd shoot myself as a public service. B-)

That out of the way, I have 2 answers for you. Unfortunately, they are contradictory.

1) Yes, it's legal so long as you have it recommended by a licensed doctor.

In 1996, Prop 215 was passed and became Cal Health & Safety Code 11362.5 (aka the Compassionate Use Act), which ammended the state's existing prohibitionist anti-marijuana law (CHSC 11357). The entire law is available at www.leginfo.ca.gov/cgi-bin/waisgate
but most importantly..

CHSC 11362.5(b)(1)(a):
"(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,
spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief."

So you are legal under state law, so long as your cultivation is only for your personal medical use, and so long as that use is recommended to you by a state-licensed doctor. Does "recommended" mean a written prescription? Nope! Because right below it we have

CHSC 11362.5(d):
"d) Section 11357, relating to the possession of marijuana, 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."

The Compassionate Use Act gutted both the prohibitionist anti-possession law (CHSC 11357) and the prohibitionist anti-cultivation law (CHSC 11358). All you need is a licensed doctor to say "Yeah man, s'cool!" and you're legal under state law to grow for your own personal medical purposes.

At the county level, the only relevant law I can find is:
ah fuck, that server just went offline. Weird. Well anyway, it doesn't say anything really. Just proclamations and general directives to county staff to "develop policies".

If you're talking about growing inside of city limits, then we must also reference city law:
SCMC 6.90.040 Permissible medical marijuana cultivation.
nt2.scbbs.com/cgi-bin/om_isapi.dll

6.90.040PERMISSIBLE MEDICAL MARIJUANA CULTIVATION.
" 1.All cultivation of marijuana for medical purposes performed by persons in possession of a growing certificate shall be lawful and shall in no way be subject to criminal prosecution when said cultivation is conducted solely for the personal medical purposes of qualified patients in accordance with California Health and Safety Code Section 11362.5."

Here our City Council tried to re-inforce the CUA within city limits, but only on the condition that the grower was growing on behalf of a city-recognized medical marijuana association, as clarified here:

6.90.020 RECOGNIZED STATUS OF MEDICAL MARIJUANA PROVIDER ASSOCIATIONS, QUALIFIED PATIENTS AND PRIMARY CAREGIVERS.
...
3.The city of Santa Cruz shall recognize valid "growing certificates" issued by recognized medical marijuana provider associations.

Note that this does not make it illegal to grow without a certificate - it simply gives extra protection to those who do grow with a certificate. Those who grow for their own personal use are, I believe, left only with state law to contend with as detailed further above.

SO - is it legal? Appears to be, as long as you have at least a doctor's verbal okay-dokey, you only grow as much as the doctor recommends for you, and you never sell, trade, or give it to anyone else. i.e. you treat it like any other prescription drug.

That's my #1 answer for you. Now the bad news.

2) It doesn't matter if it's legal, the fucking cops don't care. They'll raid you anyway, steal your stuff, destroy your stash, and walk away laughing. We aren't exagerating when we say they're out of control.

However, if you ask a slightly different question, we can get somewhere. Rather than asking "Is it legal?" - an antiquated and meaningless concept in today's corrupt (in)justice system - if you ask "What are the different agency's criteria for raiding a garden?", now we have something to work with.

For example.. if you have 99 or fewer plants, I understand the federal agencies like the DEA will at worst just report you to the local cops and forget about it. You're too small for them. (They want the big growers who are more likely to have expensive cars, boats, and homes that the cops can steal and sell for profit at govt auctions.)

Sherrifs, CHP, State Troopers, they all generally don't care if you're inside city limits. They let the city gestapo stalk that turf.

So here, then, is the magic bullet. Someone needs to call Santa Cruz PD, and ask them NOT what is legal - they'll dodge that claiming "We don't interpret the law, we just enforce it. Consult with an attorney." What you ask them is for their official departmental guidelines or criteria on when a marijuana garden justifies - in their mind - arrest of the grower and/or "confiscation" (read: theft or destruction) of the garden.

Unfortunately, what I hear is that these criteria have been left intentionally vague and "up to the officer's discretion". Cops actually argued FOR this, and against explicit standards. They cried that strict rules would unfairly put patients at risk, and that each case should be evaluated on its individual merits.

Very "compassionate" of the cops, until the reality check bounced. How did each case become evaluated on its own merits? By each cop playing doctor and "determining" in each case whether the person he was raiding had "too many" plants for that person's specific medical condition.

Yeah, suddenly cops pretending to be qualified to make medical judgements. Hell, pretending to be objective at all.

The result has been that no matter how few plants you have, the cops will claim to evaluate your medical condition and claim that you don't need as many plants as you have and that therefore you're growing for non-medical purposes.

And bam, you're busted.

So what's the solution? I mean besides waiting for modern genetics to hit the test tubes and somehow breed us the world's first honest cop? I wish I knew. So do a lot of people.

The whole drug war, from top to bottom, has become one great big unending government-operated crime wave against people who are just minding their own business.

America, land of the free? Not anymore, not entirely. And it gets worse every year.

-Van

Van is citing the County Code. The City Code that killed Santa Cruz Cannabis Pharmaceuticals can be found in the City Municipal Code and is reprinted below. Note it is much more specific than the County Code.

I encourage those who want more information on how this law led to the demise of the marijuana clubs to contact attorney Kate Wells for specifics. In essence, as I understand it, it put prohibitive zoning restrictions on the location of the clubs in the City, prohibited patients from using their medication on the premises, and otherwise criminalized what had been tolerated (though not legal) activity at Cannabis Pharmaceuticals and the prior Buying Club.


Chapter 6.90 PERSONAL MEDICAL MARIJUANA USE Sections: Definitions. Recognized status of medical marijuana provider associations, qualified patients and primary caregivers. Physician/patient confidentiality. Permissible
medical marijuana cultivation. Transportation of medical marijuana. Prior investigation by law enforcement.
Miscellaneous applications. Deputization of medical marijuana provider associations. Violations and penalties

6.90.010 DEFINITIONS. The following words and phrases, whenever used in this chapter, shall be given the following
definitions:
1. "Primary caregiver" means the individual or individuals over the age of eighteen years designated by a
qualified patient who has consistently assumed responsibility for the housing, health or safety of that qualified patient. Under special circumstances, with the written consent of a parent or guardian and written concurrence of the medical marijuana provider association, a person under the age of eighteen years may serve as a primary caregiver.
2. "Qualified patient" means a seriously ill person who obtains a written recommendation from a physician licensed to practice medicine in the state of California to use marijuana for personal medical purposes. In addition, persons currently under the care of a physician for certain medical conditions including, but not limited to, HIV/AIDS, cancer, glaucoma, epilepsy or other spasticity-related illnesses, migraine, anorexia, are presumed to e "qualified patients."
3. "Marijuana" means all parts of organically grown Cannabis plants, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; & every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seed or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
4. "Medical marijuana provider association" means a collective of individuals comprised of qualified patients and primary caregivers, the sole intent of which is to provide education, referral, or network services and to facilitate/assist in the lawful production, acquisition, and provision of medical marijuana to qualified patients.
5. "Client/participant" refers to an individual who participates in a medical marijuana provider association or a unit of individuals comprised of a particular qualified patient and that qualified patient's primary caregiver who jointly participate in a medical marijuana provider association.
6."Cultivator" means a qualified medical marijuana patient or caregiver, a client/participant of a medical marijuana
provider association or any other individual(s) responsible for cultivating or overseeing cultivation of marijuana
exclusively for a medical marijuana association. (Ord. § 1 (part), 2000).
6.90.020 RECOGNIZED STATUS OF MEDICAL MARIJUANA PROVIDER ASSOCIATIONS, QUALIFIED PATIENTS AND PRIMARY CAREGIVERS
1. The city of Santa Cruz shall recognize the status of an individual as a qualified patient when he/she is in possession of a California licensed physician's written recommendation for medical marijuana or where he/she is in possession of a California licensed physician's written declaration or confirmation that he/she is currently under the physician's care for any of those certain medical conditions listed under the definition of "qualified patient" in accordance with the Compassionate Use Act of 1996 and for which the use of medical marijuana has been approved by the physician. The individual's possession of a certified valid identification card issued pursuant to subsection (2) of this section shall presumptively establish the existence of the requisite written physician's recommendation or diagnosis and the individual's
right to acquire medical marijuana from a medical marijuana provider association.
2. In order to ensure that qualified patients are not subject to criminal prosecution or sanction, recognized medical marijuana provider associations may issue valid identification cards to qualified patients and primary caregivers upon receipt of a physician's written recommendation for medical marijuana or upon the physician's written declaration or confirmation that the qualified patient is under the physician's care for any of those certain medical conditions listed under the definition of "qualified patient" and for which the use of medical marijuana has been approved by the physician.
The city of Santa Cruz shall also recognize verified medical marijuana identification cards issued by local and state governmental agencies to qualified patients and primary caregivers.
3. The city of Santa Cruz shall recognize valid "growing certificates" issued by recognized medical marijuana provider associations. The possession of a validly issued growing certificate shall evidence the determination by the recognized medical marijuana provider association that the cultivator in possession of the certificate is cultivating marijuana solely for medical marijuana purposes, at no profit to the cultivator and in quantities that correspond directly to the medical needs of the qualified patient(s) to whom the medical marijuana will be provided. Notwithstanding the foregoing the cultivator may be entitled to require compensation for the medical marijuana produced by the cultivator in the amount necessary for the cultivator to recover the cultivator's marijuana production costs including reasonable hourly cost of labor. A cultivator's marijuana cultivation permitted under this section may not in any manner be associated with the
illicit or illegal cultivation of other marijuana. A qualified patient or the qualified patient's primary caregiver shall only be entitled to cultivate & produce medical marijuana for the qualified patient's use.
4. The city of Santa Cruz shall recognize the status of a medical marijuana provider association when that association:
(a) Provides proof that its cultivators and client/participants provide, possess or cultivate medical marijuana at no cost (except to recover production costs) solely for personal medical use of qualified patients upon the written recommendation of a physician or the written declaration of a physician that the qualified patient is under the physician's care for any of those certain medical conditions listed under this chapter's definition of "qualified patient" and for which the use of medical marijuana has been approved by the physician; (b) Issues identification cards and/or growing certificates to qualified patients, primary caregivers and cultivators in order to ensure that valid identification cardholders are not subject to criminal prosecution or sanctions;
(c) Has procedural safeguards in place to assure that all medical information to which it becomes privy concerning its
qualified patients is maintained in confidence; (d) Has procedural safeguards in place to assure that the identity of all qualified patients, primary caregivers, cultivators & physicians with whom it associates is maintained in confidence; (e) Does not predicate participation by qualified patients on financial capability or any other ability to pay for association services or medical marijuana; however, the medical marijuana provider association may request that qualified patients provide, on an "ability to pay" basis, reimbursement for the actual costs of service provided to the qualified patient by the association or for the actual production cost of medical marijuana provided through the association;
(f) Requires qualified patients, primary caregivers and cultivators to produce valid proof of identification and California residency by way of either a valid California driver's license, passport or legally cognizable identification card;
(g) Allows persons under the age of eighteen to participate as qualified patients only with the written consent of a parent or guardian and a physician's recommendation; (h) Strictly prohibits qualified patients from selling or distributing the medical marijuana which they receive pursuant to their participation in the association; (i) Strictly prohibits primary caregivers and cultivators from selling the medical marijuana they receive or produce
pursuant to their participation in the association, or from using the medical marijuana themselves, or from providing or
distributing the medical marijuana to any person other than qualified patients; (j) Has regulations in place which require the immediate termination of participation by a qualified patient, primary
caregiver or cultivator in the association if that qualified patient, primary caregiver or cultivator misuses the services of the association, misrepresents his/her qualifications for participation in the association or otherwise violates association rules and regulations, guidelines and/or protocols;
(k) Has regulations in place limiting attendance at medical marijuana provision sites to qualified patients, primary
caregivers and cultivators only; (l) Has regulations in place prohibiting attendance at association meetings by persons other than qualified patients, primary caregivers and cultivators absent advance approval prior to the association meeting; (m) Has regulations in place requiring its qualified patients, primary caregivers and cultivators to participate solely in conjunction with the association for medical marijuana-related services and prohibiting its qualified patients, primary caregivers and cultivators from participating in any other medical marijuana provider associations or medical marijuana buyers clubs; (n) Has procedures and regulations in place to assure that the allotment of medical marijuana to which a qualified patient is entitled corresponds to the quantity needed to address that qualified patient's medical symptoms & no more, & also has procedures in place to assure that said allotments are accordingly readjusted in conjunction with the improvement or deterioration of the qualified patient's medical condition; (o) Has procedures and regulations in place to assure that association members, be they qualified patients, primary
caregivers or cultivators, are not discriminated against, and do not themselves discriminate, on the basis of race, color, creed, religion, national origin, ancestry, disability, marital status, sex, gender, sexual orientation, height, weight or physical characteristic.

5. A qualified patient, primary caregiver or cultivator can claim qualified status when he/she possesses a valid
identification card and/or growing certificate issued by a qualified medical marijuana provider association.
6. The city of Santa Cruz shall recognize as valid verified valid identification cards and growing certificates issued by recognized medical marijuana provider associations. The city of Santa Cruz shall recognize as valid a medical marijuana recommendation issued by a physician licensed to practice medicine in the state of California.
7. Identification cards and growing certificates issued in accordance with this chapter shall not identify the physician whose medical marijuana recommendation results in the possession, transportation or cultivation of medical marijuana; nor shall identification cards & growing certificates disclose the medical condition of any particular qualified patient. (Ord. § 1 (part), 2000).
6.90.030 PHYSICIAN/PATIENT CONFIDENTIALITY. Any certification process conducted pursuant to the
ordinance codified in this chapter shall preserve to the maximum extent possible all legal protection and privileges,
consistent with reasonably certifying the qualifications and status of qualified patients, primary caregivers and cultivators.
Disclosure of any patient information, even for those noncertified individuals who choose voluntarily to assert facts in support of a qualified status, shall not be deemed a waiver of confidentiality of those records under any provision of state law. (Ord. § 1 (part), 2000).
6.90.040 PERMISSIBLE MEDICAL MARIJUANA CULTIVATION.
1. All cultivation of marijuana for medical purposes performed by persons in possession of a growing certificate shall be lawful and shall in no way be subject to criminal prosecution when said cultivation is conducted solely for the personal medical purposes of qualified patients in accordance with California Health and Safety Code Section 11362.5. Such lawful cultivation may include the cultivation and possession of both female and male plants at all stages of growth, clones, seedlings, and seeds, and related cultivation equipment and supplies. Medical marijuana provider associations, qualified patients, primary caregivers and cultivators in possession of a valid growing certificate may cultivate individually and/or
collectively.
2. The rental, leasing or providing of equipment or space utilized for cultivation, processing or storage of medical
marijuana cultivated in accordance with this section shall be deemed lawful. (Ord. § 1 (part), 2000).

6.90.050 TRANSPORTATION OF MEDICAL MARIJUANA. All activities entailing the transportation of medical
marijuana, in accordance with the Compassionate Use Act of 1996 & this chapter, shall be lawful when conducted by
qualified patients, primary caregivers or cultivators, when the quantity transported and the method, timing & distance of the transportation are reasonably related to the medical needs of the qualified patient(s). (Ord. § 1 (part), 2000).
6.90.060 PRIOR INVESTIGATION BY LAW ENFORCEMENT.
1. When an alleged medical marijuana cultivation, processing, storage or transport activity within the city of Santa Cruz is discovered by law enforcement personnel, all reasonable efforts shall be made to investigate and determine whether or not the marijuana is, as alleged, for medical purposes in accordance with the Compassionate Use Act of 1996. When practical said investigation shall be conducted prior to any seizure or arrest.
2. When a valid growing certificate is found on the premises of a medical marijuana garden, law enforcement personnel shall contact the medical marijuana provider association which issued the certificate for verification prior to any confiscation. Should a question arise as to the validity of the marijuana cultivation, law enforcement personnel shall take a photograph & a small sample until the grower's status can be otherwise verified.
3. To facilitate the lawful and reasonable law enforcement investigations called for by this section, the medical marijuana provider association shall provide the city's police department with a twenty-four-hour contact phone number which can be called to verify the status of the person under investigation. (Ord. § 1 (part), 2000).
6.90.070 MISCELLANEOUS APPLICATIONS. Possession & use of the following items shall be lawful when used in
accordance with the Compassionate Use Act of 1996 & this chapter:
1. Pipes, papers, water pipes, vaporizers and other related paraphernalia;
2. Marijuana products, such as baked goods, tinctures, infusions, oils, salves and any other marijuana derivatives. (Ord. § 1 (part), 2000).

6.90.080 DEPUTIZATION OF MEDICAL MARIJUANA PROVIDER ASSOCIATIONS. The city council may from time to time adopt resolutions deputizing individuals, nonprofit organizations and/or nonprofit associations to
function as medical marijuana provider associations in order that they may, with state or federal government recognition, provide services in accordance with this chapter. The absence of "deputy" status, as conferred pursuant to the Controlled Substances Act, 21 USC § 885(d), shall not disqualify any association, organization, affiliation or collective which otherwise qualifies as a recognized medical marijuana provider association from functioning in that capacity in the city of Santa Cruz. (Ord. § 1 (part), 2000).

6.90.090 VIOLATIONS AND PENALTIES. A violation of any provision of the ordinance codified in this chapter shall
constitute an infraction.