PATIENT GUIDE

CHOOSING THE RIGHT STRAIN

Choosing the right strain of medical cannabis can be confusing at first with so many different and occasionally unusual names – the strain names are not always representative of the desired medicinal effects. This being said, it is much easier to decide what your desired effects are before you decide which strain to go with. To make things easier we have split the effects into two categories: HEAD and BODY.

Most cannabis strains effect your HEAD or brain within minutes after medicating. The effect either consists of a heavy and foggy feeling, or a clear and active feeling and can be classified on a scale of 1-7. with number 1being heavy and foggy, and 7 being the clearest and most active . Head effects may start sooner than body effects, but tend to wear off quicker.
The BODY or physical effect usually creeps in about 5 to 15 minutes after the “head effect”. This effect can vary from being relaxing and sleepy, to being uplifting and energetic.  We can also apply the 1-7 scale to the “body effects”, with 1 being the most relaxing and 7 being the most uplifting.  Body effects usually take longer to set in but tend to last longer than head (mental) effects.

chart

Types of Strains
Here are some examples of how to use our system. To simplify things we have made seven categories of the most common kinds of medicinal relief provided by cannabis: 1 being the heaviest Indica and 7 being the clearest Sativa. Depending on which category, or desired effect you wish to achieve, you can use the scale to find out which type of medicine you are looking for and suggested strains of that kind.

Type 1: Long lasting physical relief with a heavy and intense head effect. This kind of medicine is known asHeavyIndica, and is recommended for sleep, relaxation and pain related issues. Here are some examples of some strains with Heavy Indica attributes: MK UltraGrand Daddy Purple, Peak 19, Romulan, Ogre, Hash Plant and Afghani Goo.

Type 2: Long lasting physical relief with a clear and easy to function on head effect. This kind of medicine is known as Clear Indica, and is recommended for day time physical relief. Here are some examples of some strains with Clear Indica attributes: Sensi Star, Blackberry Kush, Northern Lights, Morning Star, Bubba Kush, Snow Cap and Shiva.

clear indica

Example
Type 3: A physical and mental balance that is more on the heavy side. This kind of medicine is known as a Heavy Hybrid, and is recommended for patients seeking pain relief or relaxation that is not too drowsy.  Here are some examples of some strains with Heavy Hybrid attributes: Sage and Sour, Blueberry, White Rhino, Grape Ape, Champagne, Purple Kush and Cotton Candy.

Type 4: An even balance of Head and Body effects. This kind of medicine is known as a Even Hybrid, and is recommended for patients who don’t want to be too active or too drowsy. Here are some examples of some strains with Even Hybrid attributes: S.A.G.E., Northern Lights X Haze, Purple Skunk, Cali-O, Bubblegum, Silver Haze and Cherry Pie.

Type 5: An even balance of head and body effect which is more on the clear side. This kind of medicine is known as a Clear Hybrid, and is recommended for patients looking for a balance of Head and Body that is a little bit more on the clear side. Here are some examples of strains with Clear Hybrid attributes: <Blue Dream, Cali-O, Odyssey, Bubbleberry, Super Silver Haze, AK-47 and White Widow.

Type 6: An uplifting body effect alongside some strong physical and mental relief. This kind of medicine is known as Heavy Sativa, and is recommended for patients looking for an Intense and uplifting Body with a Heavy head effect. Here are some examples of strains that have Heavy Sativa attributes: OG KushCheese, Trainwreck, Sour DieselHeadband, Jack Frost and Skunk #1.

Type 7: An uplifting and clear effect without a physical side to it. This type of medicine is known as Clear Sativa and is recommended for patients who are looking for a Clear Head with little or no Physical effects that is easy to function on. Here are some examples of strains that have Clear Sativa attributes: Kali Mist,Strawberry Kush, Old Mother Sativa, Durban Poison, Jack Herer, Purple God and Power Plant.

One very important factor in choosing the right medicine for yourself is that each strain has a ceiling or limit to the amount and type of cannabiniods that can be received by your body at a certain time. This is why you gain a tolerance faster to certain strains and others seem to medicate the same way for longer. By choosing to use different strains, about three of four, that you can rely on, it is easier to keep your cannabiniod receptors fresh and ready to be activated by the next type of medicine you are using. This will help you conserve your medicine and get the maximum effect from it.  Having a few strains to medicate with can also help to reach the desired cannabiniod balance you are looking for.  It is also worth mentioning that accurately estimating cannabis effects must be treated with some subjectivity. Each patient has an individual reaction to each type of medicine tried, and experimentation with different types of strains is essential for the new patient.

Guide to Medical Marijuana

PROPOSITION 215

The California Compassionate Use Act, was enacted by the voters and took effect on Nov. 6, 1996 as California Health & Safety Code 11362.5. The law makes it legal for patients and their designated primary caregivers to possess and cultivate marijuana for their personal medical use given the recommendation or approval of a California-licensed physician.

SB 420

A legislative statute, went into effect on January 1, 2004 as California H&SC 11362.7-.83. This law broadens Prop. 215 to transportation and other offenses in certain circumstances; allows patients to form medical cultivation “collectives” or “cooperatives”; and establishes a voluntary state ID card system run through county health departments. SB 420 also establishes guidelines or limits as to how much patients can possess and cultivate. Legal patients who stay within the guidelines are supposed to be protected from arrest.

HOW MUCH CAN I POSSESS OR GROW?

Under Prop. 215, patients are entitled to whatever amount of marijuana is necessary for their personal medical use. However, patients are likely to be arrested if they exceed the SB 420 guidelines. SB 420 sets a baseline statewide guideline of 6 mature or 12 immature plants, and 1/2 pound (8 oz.) processed cannabis per patient. Individual cities and counties are allowed to enact higher, but not lower, limits than the state standard. Local limits are posted at: http://canorml.org/prop/local215policies.html. Patients can be exempted from the limits if their physician specifically states that they need more.

In a state Supreme Court ruling, People v. Kelly (2010), the court held that patients can NOT be prosecuted simply for exceeding the SB 420 limits; however, they can be arrested and forced to defend themselves as having had an amount consistent with their personal medical needs.

WHAT OFFENSES ARE COVERED?

Prop. 215 explicitly covers marijuana possession and cultivation (H&SC 11357 and 11358) for personal medical use. Hashish and concentrated cannabis, including edibles, (HSC 11357a) are also included. Transportation (HSC 11360) has also been allowed by the courts. Within the context of a bona fide collective or caregiver relationship, SB 420 provides protection against charges for possession for sale (11359); transportation, sale, giving away, furnishing, etc. (11360); providing or leasing a place for distribution of a controlled substance (11366.5, 11570).

WHO MAY CULTIVATE UNDER PROP. 215?

Patients with a physician’s recommendation and their primary caregivers, defined as, “The individual designated by the person exempted under this act who has consistently assumed responsibility for the housing, health, or safety of that person.” According to a state Supreme Court decision, People v. Mentch (Nov. 24, 2008), caregivers must supply some other service to patients than just providing marijuana.

As an alternative, SB 420 allows patients to grow together in non-profit “collectives” or cooperatives. Collectives may scale the SB 420 limits to the number of members, but large gardens are always suspect to law enforcement. In particular, gardens over 100 plants risk five-year mandatory minimum sentences under federal law.

CAN I STILL BE ARRESTED OR RAIDED?

Yes, unfortunately. There is nothing in Prop. 215 to compel police to accept a patient as being valid. Many legal patients have been raided or arrested for having dubious recommendations, for growing amounts that cops deem excessive, on account of neighbors’ complaints, etc. A major purpose of the state ID card system is to avoid undue arrests.

Once patients have been charged, it is up to the courts to pass judgment on their medical claim.

A landmark State Supreme Court decision, People vs. Mower, holds that patients have the same right to marijuana as to any legally prescribed drug. Under Mower, patients who have been arrested can request dismissal of charges at a pre-trial hearing. If the defendant convinces the court that the prosecution hasn’t established probable cause that it wasn’t for medical purposes, criminal charges are dismissed. If not, the patient goes on to trial, where the prosecution must prove “beyond a reasonable doubt” that the defendant is guilty. Those who have had their charges dropped may file to have their property returned and claim damages.

In many cases, police raid patients and take their medicine without filing criminal charges. In order to reclaim their medicine, patients must then file a court suit on their own. For legal assistance in filing suit for lost medicine, contact Americans for Safe Access (www.safeaccessnow.org).

WHAT ABOUT FEDERAL LAW?

Under the U.S. Controlled Substances Act, possession of any marijuana is a misdemeanor and cultivation is a felony. A Supreme Court ruling, Gonzalez v. Raich (June 2005), rejected a constitutional challenge by two patients who argued that their personal medical use cultivation should be exempt from federal law because it did not affect interstate commerce. Despite this, federal officials have stated that they will not go after individual patients, and the Obama administration has pledged not to intrude on state laws. Patients on federal parks and lands are not protected by Prop. 215.

WHO QUALIFIES AS A PHYSICIAN?

Prop. 215 applies to physicians, osteopaths and surgeons who are licensed to practice in California. It does not apply to chiropractors, herbal therapists, etc. For a list of medical cannabis specialists, see www.canorml.org/prop/215physicians.html. Prop. 215 requires physicians to state that they “approve” or “recommend” marijuana. Physicians are protected from federal prosecution for recommending marijuana by the Conant v. Walters U.S. court decision.

WHAT ILLNESSES ARE COVERED?

Prop. 215 lists “cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. Physicians have recommended marijuana for hundreds of indications, including such common complaints as insomnia, PMS, post-traumatic stress, depression, and substance abuse.

WHERE CAN MARIJUANA BE SMOKED?

SB 420 bars marijuana smoking in no smoking zones, within 1,000 feet of a school or youth center except in private residences; on school buses, in a motor vehicle that is being operated, or while operating a boat. Patients are advised to be discreet or consume oral preparations in public.

WHERE CAN I GROW MEDICINE?

Although Prop. 215 allows patients to grow their own medicine, landlords are not legally obliged to allow it. A few cities, such as San Diego and Ukiah, have ordinances restricting outdoor gardens.

CAN I SELL MY EXCESS MEDICINE?

In general sales of marijuana are NOT permitted under Prop 215. However, SB 420 authorizes legal caregivers and collective/cooperative members to charge for their expenses in growing for others on a “non-profit” basis. Growers who provide for others should either be members of a collective or be bona fide “primary caregivers.”

PRISONERS AND PROBATIONERS

SB 420 allows probationers, parolees, and prisoners to apply for permission to use medical marijuana. However, medical marijuana is regularly disallowed in jails and prisons.

CAN PATIENTS BE DRUG TESTED?

The California Supreme Court has ruled that employers have a right to drug test and fire patients who test positive for marijuana, regardless of their medical use (Ross v. RagingWire Telecommunications, 2008). Some employers will excuse patients if they present a valid 215 recommendation. Others won’t. Marijuana is never permitted in jobs with federal drug testing regulations, such as the transportation industry.

WHEN ARE RECOMMENDATIONS VALID?

Under Prop. 215, a recommendation is valid so long as the doctor says it is. However, SB 420 requires ID cards to be renewed annually, and many police refuse to recognize recommendations that are older than a year or so. Courts have ruled that patients must have a valid approval at the time of their arrest, though this approval can have been verbal in nature.

WHAT ABOUT THOSE FROM OUT OF STATE?

Out-of-state recommendations are not recognized in California, though they are in Montana, Rhode Island and Michigan. While Prop. 215 arguably applies to anyone with a recommendation from a California physician, most physicians refuse to recommend to out-of-state patients.