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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 M. Mims 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. Page 1 of 3 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 Page 2 of 3 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. Page 3 of 3