100.69 chapter 13 to 15 Flashcards
- It is illegal for a person to drive under the influence of cannabis, cannabis in combination with alcohol and/or another drug, or any other impairing substance. Refer to Highway Patrol Manual (HPM) ______, Driving Under the Influence Enforcement Manual, Chapter 4, Driving Under the Influence Policy and Procedures, for additional information. HMP 100.69 15-3 1 C.
70.4
- NOTE: Although medicinal cannabis users must generally be _____ years of age or older to purchase medical cannabis, persons under the age of 18 may use medical cannabis when provided by a parent or guardian for a medical condition. HMP 100.69 15-10 1 a Note.
18
- Officers _____use sound professional judgment when determining the reasonableness regarding the amount of cannabis necessary to treat a person’s medical condition. Although there have been instances where persons have attempted to subvert the law in this area and use it as a cover for illegal cannabis possession/transportation for sales, an officer may need more than just the mere presence of large amounts of cannabis to substantiate a possession/transportation for sales violation against a person who claims qualified patient/primary caregiver status. HMP 100.69 15-10 2 a.
shall
- Recreational Cannabis.
Recreational cannabis users ____years of age or older may: - Possess up to 28.5 grams of cannabis.
- Possess up to eight grams of concentrated cannabis.
- Possess up to six cannabis plants.
- Consume and cultivate cannabis (limited to six cannabis plants per person) on private property. HMP 100.69 15-11 C 1.
21 years
- Recreational Cannabis.
Recreational cannabis users 21 years of age or older may: - Possess up to 28.5 grams of cannabis.
- Possess up to _______ grams of concentrated cannabis.
- Possess up to six cannabis plants.
- Consume and cultivate cannabis (limited to six cannabis plants per person) on private property. HMP 100.69 15-11 C 1.
eight
- Search and Seizure.
The presence of a legal amount of cannabis alone _____be the sole basis for a search. Officers should ensure any search conducted is not based solely on the odor of cannabis or any of the other legal conduct described in Section 11362.1 HSC. The commercial distribution (transportation) of cannabis by a licensed cannabis distributor is legal in California. However, commercial cannabis distributors and delivery services must be licensed by the California Department of Cannabis Control (DCC). Commercial cannabis distributors and delivery services acting without a DCC license should be investigated for a potential violation of Section 11360 HSC and any other applicable laws. HMP 100.69 15-12 B 1-2.
cannot
Search and Seizure: Officers shall identify a criminal violation and take enforcement action before seizing cannabis from a person claiming to be a cannabis distributor. Officers _______not seize cannabis for violations of administrative regulations issued by the DCC. Refer to paragraphs 9. and 10. of this chapter for additional information related to cannabis distributors. HMP 100.69 15-12 B 1-2.
shall
- Delivery of cannabis:
A delivery employee ____ carry a copy of the retailer license, a copy of the QR Code Certificate, and both a government and employee identification card. During a delivery, cannabis goods cannot be visible from the outside of the vehicle. 100.69 15-23 (4-8).
shall
- Delivery of cannabis: A delivery employee _____ not leave cannabis goods in an unattended vehicle unless it is locked and equipped with an alarm system. A delivery employee shall not carry cannabis goods valued at more than $10,000. There is no limit to the amount of money a delivery employee may carry. 100.69 15-23 (4-8).
shall
- Crisis: For the purpose of this chapter, the term crisis is a time or situation of intense difficulty, trouble, or danger. In mental health terms, a crisis refers to a person’s reaction to a ______ time or situation. Departmental employees may have to manage both a situation and a person’s resulting reaction. (HPM 100.69 14-4 3 a.)
traumatic
- Disposition. During encounters with people suspected of having mental illness, officers _____ take the appropriate action based on the totality of the circumstances. These actions may include:
Release. Officers may offer mental health referral information to the individual or family members.
Arrest. A person shall not be arrested solely for behavioral manifestations of mental illness that are not criminal in nature. Officers throughout the state often encounter people who have committed a crime and have mental illness. When appropriate, mental health care should supersede a criminal arrest. (HPM 100.69 14-6 g)
shall
- If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, the officer shall contact a _________ and request approval to begin the process for a Section 5150 WIC detention in lieu of booking at a jail facility. If the decision is made for a Section 5150 WIC detention, a criminal complaint should be filed. (HPM 100.69 14-6 b)
supervisor
- If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, and a supervisor approves booking, the booking facility shall be notified of the circumstances prior to the arrival of the person arrested. Supervisors should consider the following factors when determining whether to book or detain for Section 5150 WIC:
a. Severity of the crime.
b. Severity of the _______ illness.
c. The person’s mental health history.
d. Benefit of mental health services vs. incarceration.
e. Availability of psychological services at the booking facility. (HPM 100.69 14-6 b)
mental
- If the person commits an arrestable offense and fulfills the elements of Section 5150 WIC, and a supervisor approves booking, the booking facility shall be notified of the circumstances prior to the arrival of the person arrested. Supervisors should consider the following factors when determining whether to book or detain for Section 5150 WIC:
a. Severity of the crime.
b. Severity of the mental illness.
c. The person’s mental health history.
d. Benefit of mental health services vs. ________.
e. Availability of psychological services at the booking facility. (HPM 100.69 14-6 b)
incarceration
Mental Illness Detention.
- Officers _____ afford people with mental illness the same rights, dignity, and compassion as provided to all people. Those who do not meet the statutory requirements of Section 5150 WIC shall not be taken into custody solely for behavioral manifestations of mental illness. (HPM 100.69 14-7 3(a)
shall
