MARIJUAN G-160 FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: MEDICINAL USE OF MARIJUANA NO: G-160
FILE: MARIJUAN
EFFECTIVE DATE: 03-01-97 REVISED: 01-01-00
AUTHORITY: Sheriff J. Zanoni APPROVED BY: Captain R. Wiley
REFERENCE: Penal Code Sections 4011, 4023 and 4573.6; Title 15, Sections 1200,
1206, 1207, 1208 and 1210- Bell v. Wolfish (1979) 441 U.S. 520, 99
S.Ct.; 21 U.S.C. Section 844 and California Proposition 215 (1996).
PURPOSE:
The purpose of this policy is to establish guidelines for the regulation of marijuana when
prescribed for medicinal purposes by an inmate's private physician.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau that marijuana is
considered a controlled substance and the mere possession remains illegal contraband within
the jail facilities. To allow possession of such contraband within the jail facilities would pose
serious threats to jail security as well as staff, inmate and public safety.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that in each case
whereby a licensed California physician recommends that an inmate be given or allowed to
use marijuana for medicinal use, an independent medical evaluation by a jail or County-
employed physician shall be made relevant to the inmate's alleged physical condition.
PROCEDURES:
I. MEDICAL EVALUATION
Upon receiving an order or recommendation for the medicinal use of marijuana
from an inmate's private physician, an independent medical evaluation shall be
made.
A. The evaluation shall be performed by a jail or County-employed physician.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: MEDICINAL USE OF MARIJUANA NO: G-160
FILE: MARIJUAN
B. The evaluation shall be:
1. Well-documented.
2. Made relevant to the physical condition alleged.
3. Include a balance test between the right and need of the inmate
for medical care versus the needs of the Detention Bureau to
prevent the introduction of contraband.
4. Include an opinion as to the efficacy of the recommended
marijuana for that medical condition, based on accepted
community medical standards.
II. OPINION REJECTED
A. The responsibility to provide medical care to inmates requires only that
the facility administrator provide health care services to all inmates.
There is no legal requirement that a particular form of medical treatment
be given, only that medical care is provided when indicated and that
such care is within generally accepted standards of medical practice.
Prohibiting the use of marijuana as a form of medical treatment does
not violate the constitutional rights of inmates.
B. If a difference of medical opinion results, the medical opinion of the jail
medical staff shall be accorded deference on the basis of their statutory
duty to provide medical care to the inmate.
C. Furthermore, the need of the Detention Bureau to maintain the integrity
of its security procedures to prevent the introduction of contraband shall
countervail the individual inmate's need for non-traditional medical care.
III. OPINION UPHELD
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: MEDICINAL USE OF MARIJUANA NO: G-160
FILE: MARIJUAN
If a concurrence of medical opinion results in the recommendation for
approval of marijuana use as a medicinal remedy, the inmate may elect to
provide medical care at a privately owned facility at their own expense.
A. The inmate may be removed from the jail to a privately owned and
operated medical facility or hospital located in the County and approved
by a judge of the Superior Court for such treatment.
B. The inmate shall be liable for the costs incurred by the County in
providing the necessary custody and security only to the extent that
such costs exceed the costs which would have been incurred by the
County in providing such custody and security if it had provided
treatment for the inmate.
C. The inmate shall at all times remain in the location specified by the
court and at no time be permitted to be housed or detained at any
facility other than that designated.
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