Medical Marijuana Card holder in THP+FC

Q: I’m a county worker with a young man who has a medical marijuana card, living in one of our THP+FC sites. His medical marijuana card says he has to smoke it within the confinements of his own home, however the provider does not want him smoking in the house. Is the provider required to permit him to smoke marijuana, and how do we handle the issue of his roommate (who does not hold a medical marijuana card) being exposed to or potentially accessing the marijuana?

A: In accordance with Title 22, California Code of Regulations, section 86087(f), the provider must forbid smoking at the THP+FC site. However, this does not prohibit the NMD from “taking” the marijuana by other means (e.g., orally). Accordingly, the county must comply with any protections to prevent those without a medical marijuana card from also consuming the substance. Such precautions may include, but are not limited to, keeping the marijuana in locked storage and having on hand only what will be used immediately.

Citation: Guidance from the California Department of Social Services, Title 22, California Code of Regulations, section 86087(f)

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