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Zip Tie Program MEDICAL MARIJUANA ZIP-TAG PROGRAM Zip-Tags for 2008 should be available at any Questions & Answers - August 6, 2007 Why was this program created? We wanted a better way to quickly determine whether marijuana plants belong to a legitimate medical marijuana patient or that patient’s designated caregiver. At the same time, we want to protect the confidentiality of medical marijuana patients. How did we arrive at this program? The State of California created a statewide medical marijuana identification card for patients and their designated caregivers. State law provides that, in general, patients and their designated caregivers who are in possession of a valid medical marijuana identification card shall not be subject to arrest for possession, transportation, delivery, or cultivation of medical marijuana so long as it does not exceed certain possession limits. Cities and counties can adopt higher limits than those set by the state. In Mendocino County, the current enforcement standard states that a patient can have no more than 25 marijuana plants. The zip-tag program provides a mechanism for quickly identifying the 25 plants that a pre-identified medical marijuana patient may possess. Each qualified patient or caregiver acting for the patient will be allowed as follows:
Who is eligible? The program is open to medical marijuana patients who possess a valid, state-issued medical marijuana identification card and who are growing (or plan to grow) medical marijuana in Mendocino County. Is it confidential? Yes. We take a copy of your medical marijuana identification card, but we don’t ask for your name, address, phone number, driver’s license number or anything else that would reveal your name. We also don’t ask about your medical condition. You don’t even need to tell us your name when you speak with our staff. Can’t you get my name from the State? No. We can only verify whether or not your card is valid. How do I get the tags?
A staff member will copy your identification card onto a form that lists the serial numbers of the tags you are issued. You will be given a copy of this form, and we will maintain a copy in our files. How do you keep track of the tags you issue? Your patient identification card number and the serial numbers of your tags will be entered into a secure database. We can search the database by patient number or tag number. How many tags can I obtain? No more than 25. How much will the tags cost me? Through December 31, 2007, the tags are free. As of January 1, 2008, we will charge a fee for the tags. The fee will be set by the Board of Supervisors in a public hearing. When do the tags expire? The tags expire and become invalid under the following circumstances:
How do I attach the tags to the plants? Wrap the tag around the base of the plant, just above the ground. Push the small end through the enclosed ratchet. Tighten it to the point that it cannot be slipped off the plant. Can the tags be reused or moved to another plant? No. The tags are for a single use on a single plant. Some of my tagged plants died. Can I move the tags to healthy plants? No. The tags are for a single use on a single plant. My tags were lost or stolen. Can I get replacements? Not at the present time. During the introduction of this program, and through December 31, 2007, we will not be issuing replacement tags. Please report lost or stolen tags to the Sheriff’s Office. I only grow small plants, and I have a doctor’s recommendation that 25 small plants would not meet my medical need. Can I get more than 25 zip-tags? No. The limit is 25 zip-tags per patient. No exceptions. Can I give some or all of my tags to my caregiver? Yes, you can give some or all of your tags to your designated caregiver. Can I use the zip-tags on marijuana plants grown in another county? No. Can I obtain the zip-tags anywhere other than the Sheriff’s Office? Not at the present time. I gave some of my tags to my caregiver, but now I’m changing caregivers. What should I do? Health & Safety Code Section 11362.76 requires you to notify the county health department within seven days if you change your attending physician or designated primary caregiver. If you fail to do so, the State considers your card expired, and that means your zip-tags become invalid. Once you have notified the health department of the change, you need to recover the zip-tags you gave to your former caregiver. If they are unused, you can give them to a new caregiver. If they are in use, they cannot be reused. What should I do with the zip-tag receipt I get from your office? Keep it in a safe place. Have it (or a copy) available to show to a Deputy if he or she asks to see it. If your designated caregiver is growing plants for you, make sure he or she has a copy of your receipt available for review. Think of this like having a registration card in your car. We can run your license plate and get your registration information, but you are still required to have the registration card in the vehicle. I have a doctor’s recommendation to use marijuana, but I don’t have a state-issued patient identification card. Can I still participate in the zip-tie program? Unfortunately, no. Requiring participants to possess a statewide medical marijuana patient identification card was the only way we could verify medical eligibility without having to collect medical information. I’m a caregiver for a terminally ill patient. Are my patient’s tags still valid if he/she dies? No. The tags cannot be transferred from person to person or to next-of-kin. I’m sharing a garden with another patient. Should we both get tags for our plants? It’s up to you. The program is completely voluntary. Will the other law enforcement agencies in the county recognize your zip-ties? We can’t require other law enforcement agencies in the county to recognize this program. They are however required to follow state law regarding state-issued medical marijuana patient and caregiver identification cards. Contact your local law enforcement agency if you have questions about their enforcement policies. I’m not sure if I want to participate in this program. If I don’t participate, do I give up any rights? Will my non-participation be considered suspicious? This program is entirely voluntary. We aren’t required to provide it, and you aren’t required to participate. You don’t give up any rights if you decide you don’t want to participate. We’ve specifically told our deputies that non-participation in the zip-tag program will never be used as evidence of any crime. What if I have other questions? Please call one of our offices during normal business hours.
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| Mendocino County Sheriff's Office (707) 463-4411 |