veggii
03-27-2008, 04:03 AM
I tought I would post this also as many people need to read this
original link to document:
http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.pdf
93
Senate Bill No. 420
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CHAPTER 875 --1--
An act to add Article 2.5 (commencing with Section 11362.7) to
Chapter 6 of Division 10 of the Health and Safety Code, relating to
controlled substances.
[Approved by Governor October 12, 2003. Filed
with Secretary of State October 12, 2003.]
LEGISLATIVE COUNSELâ??S DIGEST
SB 420, Vasconcellos. Medical marijuana.
Existing law, the Compassionate Use Act of 1996, prohibits any
physician from being punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes. The
act prohibits the provisions of law making unlawful the possession or
cultivation of marijuana from applying to a patient, or to a patientâ??s
primary caregiver, who possesses or cultivates marijuana for the
personal medical purposes of the patient upon the written or oral
recommendation or approval of a physician.
This bill would require the State Department of Health Services to
establish and maintain a voluntary program for the issuance of
identification cards to qualified patients and would establish procedures
under which a qualified patient with an identification card may use
marijuana for medical purposes. The bill would specify the departmentâ??s
duties in this regard, including developing related protocols and forms,
and establishing application and renewal fees for the program.
The bill would impose various duties upon county health departments
relating to the issuance of identification cards, thus creating a
state-mandated local program.
The bill would create various crimes related to the identification card
program, thus imposing a state-mandated local program.
This bill would authorize the Attorney General to set forth and clarify
details concerning possession and cultivation limits, and other
regulations, as specified. The bill would also authorize the Attorney
General to recommend modifications to the possession or cultivation
limits set forth in the bill. The bill would require the Attorney General
to develop and adopt guidelines to ensure the security and nondiversion
of marijuana grown for medical use, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
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Ch. 875 â??2â??
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reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and
other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement is required by this act
for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) On November 6, 1996, the people of the State of California
enacted the Compassionate Use Act of 1996 (hereafter the act), codified
in Section 11362.5 of the Health and Safety Code, in order to allow
seriously ill residents of the state, who have the oral or written approval
or recommendation of a physician, to use marijuana for medical
purposes without fear of criminal liability under Sections 11357 and
11358 of the Health and Safety Code.
(2) However, reports from across the state have revealed problems
and uncertainties in the act that have impeded the ability of law
enforcement officers to enforce its provisions as the voters intended and,
therefore, have prevented qualified patients and designated primary
caregivers from obtaining the protections afforded by the act.
(3) Furthermore, the enactment of this law, as well as other recent
legislation dealing with pain control, demonstrates that more
information is needed to assess the number of individuals across the state
who are suffering from serious medical conditions that are not being
adequately alleviated through the use of conventional medications.
(4) In addition, the act called upon the state and the federal
government to develop a plan for the safe and affordable distribution of
marijuana to all patients in medical need thereof.
(b) It is the intent of the Legislature, therefore, to do all of the
following:
(1) Clarify the scope of the application of the act and facilitate the
prompt identification of qualified patients and their designated primary
caregivers in order to avoid unnecessary arrest and prosecution of these
individuals and provide needed guidance to law enforcement officers.
(2) Promote uniform and consistent application of the act among the
counties within the state.
(3) Enhance the access of patients and caregivers to medical
marijuana through collective, cooperative cultivation projects.
(c) It is also the intent of the Legislature to address additional issues
that were not included within the act, and that must be resolved in order
to promote the fair and orderly implementation of the act.
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(d) The Legislature further finds and declares both of the following:
(1) A state identification card program will further the goals outlined
in this section.
(2) With respect to individuals, the identification system established
pursuant to this act must be wholly voluntary, and a patient entitled to
the protections of Section 11362.5 of the Health and Safety Code need
not possess an identification card in order to claim the protections
afforded by that section.
(e) The Legislature further finds and declares that it enacts this act
pursuant to the powers reserved to the State of California and its people
under the Tenth Amendment to the United States Constitution.
SEC. 2. Article 2.5 (commencing with Section 11362.7) is added to
Chapter 6 of Division 10 of the Health and Safety Code, to read:
Article 2.5. Medical Marijuana Program
11362.7. For purposes of this article, the following definitions shall
apply:
(a) â??â??Attending physicianâ??â?? means an individual who possesses a
license in good standing to practice medicine or osteopathy issued by the
Medical Board of California or the Osteopathic Medical Board of
California and who has taken responsibility for an aspect of the medical
care, treatment, diagnosis, counseling, or referral of a patient and who
has conducted a medical examination of that patient before recording in
the patientâ??s medical record the physicianâ??s assessment of whether the
patient has a serious medical condition and whether the medical use of
marijuana is appropriate.
(b) â??â??Departmentâ??â?? means the State Department of Health Services.
(c) â??â??Person with an identification cardâ??â?? means an individual who is
a qualified patient who has applied for and received a valid identification
card pursuant to this article.
(d) â??â??Primary caregiverâ??â?? means the individual, designated by a
qualified patient or by a person with an identification card, who has
consistently assumed responsibility for the housing, health, or safety of
that patient or person, and may include any of the following:
(1) In any case in which a qualified patient or person with an
identification card receives medical care or supportive services, or both,
from a clinic licensed pursuant to Chapter 1 (commencing with Section
1200) of Division 2, a health care facility licensed pursuant to Chapter
2 (commencing with Section 1250) of Division 2, a residential care
facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 (commencing with Section 1568.01) of
Division 2, a residential care facility for the elderly licensed pursuant to
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Chapter 3.2 (commencing with Section 1569) of Division 2, a hospice,
or a home health agency licensed pursuant to Chapter 8 (commencing
with Section 1725) of Division 2, the owner or operator, or no more than
three employees who are designated by the owner or operator, of the
clinic, facility, hospice, or home health agency, if designated as a
primary caregiver by that qualified patient or person with an
identification card.
(2) An individual who has been designated as a primary caregiver by
more than one qualified patient or person with an identification card, if
every qualified patient or person with an identification card who has
designated that individual as a primary caregiver resides in the same city
or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver by
a qualified patient or person with an identification card who resides in
a city or county other than that of the primary caregiver, if the individual
has not been designated as a primary caregiver by any other qualified
patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless the
primary caregiver is the parent of a minor child who is a qualified patient
or a person with an identification card or the primary caregiver is a
person otherwise entitled to make medical decisions under state law
pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.
(f) â??â??Qualified patientâ??â?? means a person who is entitled to the
protections of Section 11362.5, but who does not have an identification
card issued pursuant to this article.
(g) â??â??Identification cardâ??â?? means a document issued by the State
Department of Health Services that document identifies a person
authorized to engage in the medical use of marijuana and the personâ??s
designated primary caregiver, if any.
(h) â??â??Serious medical conditionâ??â?? means all of the following medical
conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to, spasms
associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated with
epilepsy.
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(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one or
more major life activities as defined in the Americans with Disabilities
Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patientâ??s safety
or physical or mental health.
(i) â??â??Written documentationâ??â?? means accurate reproductions of those
portions of a patientâ??s medical records that have been created by the
attending physician, that contain the information required by paragraph
(2) of subdivision (a) of Section 11362.715, and that the patient may
submit to a county health department or the countyâ??s designee as part of
an application for an identification card.
11362.71. (a) (1) The department shall establish and maintain a
voluntary program for the issuance of identification cards to qualified
patients who satisfy the requirements of this article and voluntarily apply
to the identification card program.
(2) The department shall establish and maintain a 24-hour, toll-free
telephone number that will enable state and local law enforcement
officers to have immediate access to information necessary to verify the
validity of an identification card issued by the department, until a
cost-effective Internet Web-based system can be developed for this
purpose.
(b) Every county health department, or the countyâ??s designee, shall
do all of the following:
(1) Provide applications upon request to individuals seeking to join
the identification card program.
(2) Receive and process completed applications in accordance with
Section 11362.72.
(3) Maintain records of identification card programs.
(4) Utilize protocols developed by the department pursuant to
paragraph (1) of subdivision (d).
(5) Issue identification cards developed by the department to
approved applicants and designated primary caregivers.
(c) The county board of supervisors may designate another
health-related governmental or nongovernmental entity or organization
to perform the functions described in subdivision (b), except for an entity
or organization that cultivates or distributes marijuana.
(d) The department shall develop all of the following:
(1) Protocols that shall be used by a county health department or the
countyâ??s designee to implement the responsibilities described in
subdivision (b), including, but not limited to, protocols to confirm the
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accuracy of information contained in an application and to protect the
confidentiality of program records.
(2) Application forms that shall be issued to requesting applicants.
(3) An identification card that identifies a person authorized to
engage in the medical use of marijuana and an identification card that
identifies the personâ??s designated primary caregiver, if any. The two
identification cards developed pursuant to this paragraph shall be easily
distinguishable from each other.
(e) No person or designated primary caregiver in possession of a valid
identification card shall be subject to arrest for possession,
transportation, delivery, or cultivation of medical marijuana in an
amount established pursuant to this article, unless there is reasonable
cause to believe that the information contained in the card is false or
falsified, the card has been obtained by means of fraud, or the person is
otherwise in violation of the provisions of this article.
(f) It shall not be necessary for a person to obtain an identification
card in order to claim the protections of Section 11362.5.
11362.715. (a) A person who seeks an identification card shall pay
the fee, as provided in Section 11362.755, and provide all of the
following to the county health department or the countyâ??s designee on
a form developed and provided by the department:
(1) The name of the person, and proof of his or her residency within
the county.
(2) Written documentation by the attending physician in the personâ??s
medical records stating that the person has been diagnosed with a serious
medical condition and that the medical use of marijuana is appropriate.
(3) The name, office address, office telephone number, and California
medical license number of the personâ??s attending physician.
(4) The name and the duties of the primary caregiver.
(5) A government-issued photo identification card of the person and
of the designated primary caregiver, if any. If the applicant is a person
under 18 years of age, a certified copy of a birth certificate shall be
deemed sufficient proof of identity.
(b) If the person applying for an identification card lacks the capacity
to make medical decisions, the application may be made by the personâ??s
legal representative, including, but not limited to, any of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for health
care or surrogate decisionmaker authorized under another advanced
health care directive.
(3) Any other individual authorized by statutory or decisional law to
make medical decisions for the person.
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Ch. 875 â??7â??
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(c) The legal representative described in subdivision (b) may also
designate in the application an individual, including himself or herself,
to serve as a primary caregiver for the person, provided that the
individual meets the definition of a primary caregiver.
(d) The person or legal representative submitting the written
information and documentation described in subdivision (a) shall retain
a copy thereof.
11362.72. (a) Within 30 days of receipt of an application for an
identification card, a county health department or the countyâ??s designee
shall do all of the following:
(1) For purposes of processing the application, verify that the
information contained in the application is accurate. If the person is less
than 18 years of age, the county health department or its designee shall
also contact the parent with legal authority to make medical decisions,
legal guardian, or other person or entity with legal authority to make
medical decisions, to verify the information.
(2) Verify with the Medical Board of California or the Osteopathic
Medical Board of California that the attending physician has a license
in good standing to practice medicine or osteopathy in the state.
(3) Contact the attending physician by facsimile, telephone, or mail
to confirm that the medical records submitted by the patient are a true
and correct copy of those contained in the physicianâ??s office records.
When contacted by a county health department or the countyâ??s designee,
the attending physician shall confirm or deny that the contents of the
medical records are accurate.
(4) Take a photograph or otherwise obtain an electronically
transmissible image of the applicant and of the designated primary
caregiver, if any.
(5) Approve or deny the application. If an applicant who meets the
requirements of Section 11362.715 can establish that an identification
card is needed on an emergency basis, the county or its designee shall
issue a temporary identification card that shall be valid for 30 days from
the date of issuance. The county, or its designee, may extend the
temporary identification card for no more than 30 days at a time, so long
as the applicant continues to meet the requirements of this paragraph.
(b) If the county health department or the countyâ??s designee approves
the application, it shall, within 24 hours, or by the end of the next
working day of approving the application, electronically transmit the
following information to the department:
(1) A unique user identification number of the applicant.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the countyâ??s designee that has approved the application.
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(c) The county health department or the countyâ??s designee shall issue
an identification card to the applicant and to his or her designated
primary caregiver, if any, within five working days of approving the
application.
(d) In any case involving an incomplete application, the applicant
shall assume responsibility for rectifying the deficiency. The county
shall have 14 days from the receipt of information from the applicant
pursuant to this subdivision to approve or deny the application.
11362.735. (a) An identification card issued by the county health
department shall be serially numbered and shall contain all of the
following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the countyâ??s designee that has approved the application.
(4) A 24-hour, toll-free telephone number, to be maintained by the
department, that will enable state and local law enforcement officers to
have immediate access to information necessary to verify the validity of
the card.
(5) Photo identification of the cardholder.
(b) A separate identification card shall be issued to the personâ??s
designated primary caregiver, if any, and shall include a photo
identification of the caregiver.
11362.74. (a) The county health department or the countyâ??s
designee may deny an application only for any of the following reasons:
(1) The applicant did not provide the information required by Section
11362.715, and upon notice of the deficiency pursuant to subdivision (d)
of Section 11362.72, did not provide the information within 30 days.
(2) The county health department or the countyâ??s designee
determines that the information provided was false.
(3) The applicant does not meet the criteria set forth in this article.
(b) Any person whose application has been denied pursuant to
subdivision (a) may not reapply for six months from the date of denial
unless otherwise authorized by the county health department or the
countyâ??s designee or by a court of competent jurisdiction.
(c) Any person whose application has been denied pursuant to
subdivision (a) may appeal that decision to the department. The county
health department or the countyâ??s designee shall make available a
telephone number or address to which the denied applicant can direct an
appeal.
11362.745. (a) An identification card shall be valid for a period of
one year.
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Ch. 875 â??9â??
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(b) Upon annual renewal of an identification card, the county health
department or its designee shall verify all new information and may
verify any other information that has not changed.
(c) The county health department or the countyâ??s designee shall
transmit its determination of approval or denial of a renewal to the
department.
11362.755. (a) The department shall establish application and
renewal fees for persons seeking to obtain or renew identification cards
that are sufficient to cover the expenses incurred by the department,
including the startup cost, the cost of reduced fees for Medi-Cal
beneficiaries in accordance with subdivision (b), the cost of identifying
and developing a cost-effective Internet Web-based system, and the cost
of maintaining the 24-hour toll-free telephone number. Each county
health department or the countyâ??s designee may charge an additional fee
for all costs incurred by the county or the countyâ??s designee for
administering the program pursuant to this article.
(b) Upon satisfactory proof of participation and eligibility in the
Medi-Cal program, a Medi-Cal beneficiary shall receive a 50 percent
reduction in the fees established pursuant to this section.
11362.76. (a) A person who possesses an identification card shall:
(1) Within seven days, notify the county health department or the
countyâ??s designee of any change in the personâ??s attending physician or
designated primary caregiver, if any.
(2) Annually submit to the county health department or the countyâ??s
designee the following:
(A) Updated written documentation of the personâ??s serious medical
condition.
(B) The name and duties of the personâ??s designated primary
caregiver, if any, for the forthcoming year.
(b) If a person who possesses an identification card fails to comply
with this section, the card shall be deemed expired. If an identification
card expires, the identification card of any designated primary caregiver
of the person shall also expire.
(c) If the designated primary caregiver has been changed, the
previous primary caregiver shall return his or her identification card to
the department or to the county health department or the countyâ??s
designee.
(d) If the owner or operator or an employee of the owner or operator
of a provider has been designated as a primary caregiver pursuant to
paragraph (1) of subdivision (d) of Section 11362.7, of the qualified
patient or person with an identification card, the owner or operator shall
notify the county health department or the countyâ??s designee, pursuant
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to Section 11362.715, if a change in the designated primary caregiver has
occurred.
11362.765. (a) Subject to the requirements of this article, the
individuals specified in subdivision (b) shall not be subject, on that sole
basis, to criminal liability under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570. However, nothing in this section shall
authorize the individual to smoke or otherwise consume marijuana
unless otherwise authorized by this article, nor shall anything in this
section authorize any individual or group to cultivate or distribute
marijuana for profit.
(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with an identification card who
transports or processes marijuana for his or her own personal medical
use.
(2) A designated primary caregiver who transports, processes,
administers, delivers, or gives away marijuana for medical purposes, in
amounts not exceeding those established in subdivision (a) of Section
11362.77, only to the qualified patient of the primary caregiver, or to the
person with an identification card who has designated the individual as
a primary caregiver.
(3) Any individual who provides assistance to a qualified patient or
a person with an identification card, or his or her designated primary
caregiver, in administering medical marijuana to the qualified patient or
person or acquiring the skills necessary to cultivate or administer
marijuana for medical purposes to the qualified patient or person.
(c) A primary caregiver who receives compensation for actual
expenses, including reasonable compensation incurred for services
provided to an eligible qualified patient or person with an identification
card to enable that person to use marijuana under this article, or for
payment for out-of-pocket expenses incurred in providing those
services, or both, shall not, on the sole basis of that fact, be subject to
prosecution or punishment under Section 11359 or 11360.
11362.77. (a) A qualified patient or primary caregiver may possess
no more than eight ounces of dried marijuana per qualified patient. In
addition, a qualified patient or primary caregiver may also maintain no
more than six mature or 12 immature marijuana plants per qualified
patient.
(b) If a qualified patient or primary caregiver has a doctorâ??s
recommendation that this quantity does not meet the qualified patientâ??s
medical needs, the qualified patient or primary caregiver may possess an
amount of marijuana consistent with the patientâ??s needs.
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Ch. 875 â?? 11 â??
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(c) Counties and cities may retain or enact medical marijuana
guidelines allowing qualified patients or primary caregivers to exceed
the state limits set forth in subdivision (a).
(d) Only the dried mature processed flowers of female cannabis plant
or the plant conversion shall be considered when determining allowable
quantities of marijuana under this section.
(e) The Attorney General may recommend modifications to the
possession or cultivation limits set forth in this section. These
recommendations, if any, shall be made to the Legislature no later than
December 1, 2005, and may be made only after public comment and
consultation with interested organizations, including, but not limited to,
patients, health care professionals, researchers, law enforcement, and
local governments. Any recommended modification shall be consistent
with the intent of this article and shall be based on currently available
scientific research.
(f) A qualified patient or a person holding a valid identification card,
or the designated primary caregiver of that qualified patient or person,
may possess amounts of marijuana consistent with this article.
11362.775. Qualified patients, persons with valid identification
cards, and the designated primary caregivers of qualified patients and
persons with identification cards, who associate within the State of
California in order collectively or cooperatively to cultivate marijuana
for medical purposes, shall not solely on the basis of that fact be subject
to state criminal sanctions under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570.
11362.78. A state or local law enforcement agency or officer shall
not refuse to accept an identification card issued by the department
unless the state or local law enforcement agency or officer has reasonable
cause to believe that the information contained in the card is false or
fraudulent, or the card is being used fraudulently.
11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any jail, correctional facility, or other
type of penal institution in which prisoners reside or persons under arrest
are detained.
(b) Notwithstanding subdivision (a), a person shall not be prohibited
or prevented from obtaining and submitting the written information and
documentation necessary to apply for an identification card on the basis
that the person is incarcerated in a jail, correctional facility, or other
penal institution in which prisoners reside or persons under arrest are
detained.
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(c) Nothing in this article shall prohibit a jail, correctional facility, or
other penal institution in which prisoners reside or persons under arrest
are detained, from permitting a prisoner or a person under arrest who has
an identification card, to use marijuana for medical purposes under
circumstances that will not endanger the health or safety of other
prisoners or the security of the facility.
(d) Nothing in this article shall require a governmental, private, or
any other health insurance provider or health care service plan to be
liable for any claim for reimbursement for the medical use of marijuana.
11362.79. Nothing in this article shall authorize a qualified patient
or person with an identification card to engage in the smoking of medical
marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. (a) (1) Any criminal defendant who is eligible to use
marijuana pursuant to Section 11362.5 may request that the court
confirm that he or she is allowed to use medical marijuana while he or
she is on probation or released on bail.
(2) The courtâ??s decision and the reasons for the decision shall be
stated on the record and an entry stating those reasons shall be made in
the minutes of the court.
(3) During the period of probation or release on bail, if a physician
recommends that the probationer or defendant use medical marijuana,
the probationer or defendant may request a modification of the
conditions of probation or bail to authorize the use of medical marijuana.
(4) The courtâ??s consideration of the modification request authorized
by this subdivision shall comply with the requirements of this section.
(b) (1) Any person who is to be released on parole from a jail, state
prison, school, road camp, or other state or local institution of
confinement and who is eligible to use medical marijuana pursuant to
Section 11362.5 may request that he or she be allowed to use medical
marijuana during the period he or she is released on parole. A paroleeâ??s
written conditions of parole shall reflect whether or not a request for a
modification of the conditions of his or her parole to use medical
marijuana was made, and whether the request was granted or denied.
(2) During the period of the parole, where a physician recommends
that the parolee use medical marijuana, the parolee may request a
modification of the conditions of the parole to authorize the use of
medical marijuana.
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Ch. 875 â?? 13 â??
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(3) Any parolee whose request to use medical marijuana while on
parole was denied may pursue an administrative appeal of the decision.
Any decision on the appeal shall be in writing and shall reflect the
reasons for the decision.
(4) The administrative consideration of the modification request
authorized by this subdivision shall comply with the requirements of this
section.
11362.8. No professional licensing board may impose a civil
penalty or take other disciplinary action against a licensee based solely
on the fact that the licensee has performed acts that are necessary or
appropriate to carry out the licenseeâ??s role as a designated primary
caregiver to a person who is a qualified patient or who possesses a lawful
identification card issued pursuant to Section 11362.72. However, this
section shall not apply to acts performed by a physician relating to the
discussion or recommendation of the medical use of marijuana to a
patient. These discussions or recommendations, or both, shall be
governed by Section 11362.5.
11362.81. (a) A person specified in subdivision (b) shall be subject
to the following penalties:
(1) For the first offense, imprisonment in the county jail for no more
than six months or a fine not to exceed one thousand dollars ($1,000),
or both.
(2) For a second or subsequent offense, imprisonment in the county
jail for no more than one year, or a fine not to exceed one thousand dollars
($1,000), or both.
(b) Subdivision (a) applies to any of the following:
(1) A person who fraudulently represents a medical condition or
fraudulently provides any material misinformation to a physician,
county health department or the countyâ??s designee, or state or local law
enforcement agency or officer, for the purpose of falsely obtaining an
identification card.
(2) A person who steals or fraudulently uses any personâ??s
identification card in order to acquire, possess, cultivate, transport, use,
produce, or distribute marijuana.
(3) A person who counterfeits, tampers with, or fraudulently
produces an identification card.
(4) A person who breaches the confidentiality requirements of this
article to information provided to, or contained in the records of, the
department or of a county health department or the countyâ??s designee
pertaining to an identification card program.
(c) In addition to the penalties prescribed in subdivision (a), any
person described in subdivision (b) may be precluded from attempting
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to obtain, or obtaining or using, an identification card for a period of up
to six months at the discretion of the court.
(d) In addition to the requirements of this article, the Attorney
General shall develop and adopt appropriate guidelines to ensure the
security and nondiversion of marijuana grown for medical use by
patients qualified under the Compassionate Use Act of 1996.
11362.82. If any section, subdivision, sentence, clause, phrase, or
portion of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, that portion shall be deemed a
separate, distinct, and independent provision, and that holding shall not
affect the validity of the remaining portion thereof.
11362.83. Nothing in this article shall prevent a city or other local
governing body from adopting and enforcing laws consistent with this
article.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district because
in that regard this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6 of
Article XIII B of the California Constitution.
In addition, no reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for other costs
mandated by the state because this act includes additional revenue that
is specifically intended to fund the costs of the state mandate in an
amount sufficient to fund the cost of the state mandate, within the
meaning of Section 17556 of the Government Code.
O
original link to document:
http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.pdf
93
Senate Bill No. 420
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CHAPTER 875 --1--
An act to add Article 2.5 (commencing with Section 11362.7) to
Chapter 6 of Division 10 of the Health and Safety Code, relating to
controlled substances.
[Approved by Governor October 12, 2003. Filed
with Secretary of State October 12, 2003.]
LEGISLATIVE COUNSELâ??S DIGEST
SB 420, Vasconcellos. Medical marijuana.
Existing law, the Compassionate Use Act of 1996, prohibits any
physician from being punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes. The
act prohibits the provisions of law making unlawful the possession or
cultivation of marijuana from applying to a patient, or to a patientâ??s
primary caregiver, who possesses or cultivates marijuana for the
personal medical purposes of the patient upon the written or oral
recommendation or approval of a physician.
This bill would require the State Department of Health Services to
establish and maintain a voluntary program for the issuance of
identification cards to qualified patients and would establish procedures
under which a qualified patient with an identification card may use
marijuana for medical purposes. The bill would specify the departmentâ??s
duties in this regard, including developing related protocols and forms,
and establishing application and renewal fees for the program.
The bill would impose various duties upon county health departments
relating to the issuance of identification cards, thus creating a
state-mandated local program.
The bill would create various crimes related to the identification card
program, thus imposing a state-mandated local program.
This bill would authorize the Attorney General to set forth and clarify
details concerning possession and cultivation limits, and other
regulations, as specified. The bill would also authorize the Attorney
General to recommend modifications to the possession or cultivation
limits set forth in the bill. The bill would require the Attorney General
to develop and adopt guidelines to ensure the security and nondiversion
of marijuana grown for medical use, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
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Ch. 875 â??2â??
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reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and
other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement is required by this act
for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) On November 6, 1996, the people of the State of California
enacted the Compassionate Use Act of 1996 (hereafter the act), codified
in Section 11362.5 of the Health and Safety Code, in order to allow
seriously ill residents of the state, who have the oral or written approval
or recommendation of a physician, to use marijuana for medical
purposes without fear of criminal liability under Sections 11357 and
11358 of the Health and Safety Code.
(2) However, reports from across the state have revealed problems
and uncertainties in the act that have impeded the ability of law
enforcement officers to enforce its provisions as the voters intended and,
therefore, have prevented qualified patients and designated primary
caregivers from obtaining the protections afforded by the act.
(3) Furthermore, the enactment of this law, as well as other recent
legislation dealing with pain control, demonstrates that more
information is needed to assess the number of individuals across the state
who are suffering from serious medical conditions that are not being
adequately alleviated through the use of conventional medications.
(4) In addition, the act called upon the state and the federal
government to develop a plan for the safe and affordable distribution of
marijuana to all patients in medical need thereof.
(b) It is the intent of the Legislature, therefore, to do all of the
following:
(1) Clarify the scope of the application of the act and facilitate the
prompt identification of qualified patients and their designated primary
caregivers in order to avoid unnecessary arrest and prosecution of these
individuals and provide needed guidance to law enforcement officers.
(2) Promote uniform and consistent application of the act among the
counties within the state.
(3) Enhance the access of patients and caregivers to medical
marijuana through collective, cooperative cultivation projects.
(c) It is also the intent of the Legislature to address additional issues
that were not included within the act, and that must be resolved in order
to promote the fair and orderly implementation of the act.
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Ch. 875 â??3â??
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(d) The Legislature further finds and declares both of the following:
(1) A state identification card program will further the goals outlined
in this section.
(2) With respect to individuals, the identification system established
pursuant to this act must be wholly voluntary, and a patient entitled to
the protections of Section 11362.5 of the Health and Safety Code need
not possess an identification card in order to claim the protections
afforded by that section.
(e) The Legislature further finds and declares that it enacts this act
pursuant to the powers reserved to the State of California and its people
under the Tenth Amendment to the United States Constitution.
SEC. 2. Article 2.5 (commencing with Section 11362.7) is added to
Chapter 6 of Division 10 of the Health and Safety Code, to read:
Article 2.5. Medical Marijuana Program
11362.7. For purposes of this article, the following definitions shall
apply:
(a) â??â??Attending physicianâ??â?? means an individual who possesses a
license in good standing to practice medicine or osteopathy issued by the
Medical Board of California or the Osteopathic Medical Board of
California and who has taken responsibility for an aspect of the medical
care, treatment, diagnosis, counseling, or referral of a patient and who
has conducted a medical examination of that patient before recording in
the patientâ??s medical record the physicianâ??s assessment of whether the
patient has a serious medical condition and whether the medical use of
marijuana is appropriate.
(b) â??â??Departmentâ??â?? means the State Department of Health Services.
(c) â??â??Person with an identification cardâ??â?? means an individual who is
a qualified patient who has applied for and received a valid identification
card pursuant to this article.
(d) â??â??Primary caregiverâ??â?? means the individual, designated by a
qualified patient or by a person with an identification card, who has
consistently assumed responsibility for the housing, health, or safety of
that patient or person, and may include any of the following:
(1) In any case in which a qualified patient or person with an
identification card receives medical care or supportive services, or both,
from a clinic licensed pursuant to Chapter 1 (commencing with Section
1200) of Division 2, a health care facility licensed pursuant to Chapter
2 (commencing with Section 1250) of Division 2, a residential care
facility for persons with chronic life-threatening illness licensed
pursuant to Chapter 3.01 (commencing with Section 1568.01) of
Division 2, a residential care facility for the elderly licensed pursuant to
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Ch. 875 â??4â??
93
Chapter 3.2 (commencing with Section 1569) of Division 2, a hospice,
or a home health agency licensed pursuant to Chapter 8 (commencing
with Section 1725) of Division 2, the owner or operator, or no more than
three employees who are designated by the owner or operator, of the
clinic, facility, hospice, or home health agency, if designated as a
primary caregiver by that qualified patient or person with an
identification card.
(2) An individual who has been designated as a primary caregiver by
more than one qualified patient or person with an identification card, if
every qualified patient or person with an identification card who has
designated that individual as a primary caregiver resides in the same city
or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver by
a qualified patient or person with an identification card who resides in
a city or county other than that of the primary caregiver, if the individual
has not been designated as a primary caregiver by any other qualified
patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless the
primary caregiver is the parent of a minor child who is a qualified patient
or a person with an identification card or the primary caregiver is a
person otherwise entitled to make medical decisions under state law
pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.
(f) â??â??Qualified patientâ??â?? means a person who is entitled to the
protections of Section 11362.5, but who does not have an identification
card issued pursuant to this article.
(g) â??â??Identification cardâ??â?? means a document issued by the State
Department of Health Services that document identifies a person
authorized to engage in the medical use of marijuana and the personâ??s
designated primary caregiver, if any.
(h) â??â??Serious medical conditionâ??â?? means all of the following medical
conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to, spasms
associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated with
epilepsy.
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Ch. 875 â??5â??
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(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one or
more major life activities as defined in the Americans with Disabilities
Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patientâ??s safety
or physical or mental health.
(i) â??â??Written documentationâ??â?? means accurate reproductions of those
portions of a patientâ??s medical records that have been created by the
attending physician, that contain the information required by paragraph
(2) of subdivision (a) of Section 11362.715, and that the patient may
submit to a county health department or the countyâ??s designee as part of
an application for an identification card.
11362.71. (a) (1) The department shall establish and maintain a
voluntary program for the issuance of identification cards to qualified
patients who satisfy the requirements of this article and voluntarily apply
to the identification card program.
(2) The department shall establish and maintain a 24-hour, toll-free
telephone number that will enable state and local law enforcement
officers to have immediate access to information necessary to verify the
validity of an identification card issued by the department, until a
cost-effective Internet Web-based system can be developed for this
purpose.
(b) Every county health department, or the countyâ??s designee, shall
do all of the following:
(1) Provide applications upon request to individuals seeking to join
the identification card program.
(2) Receive and process completed applications in accordance with
Section 11362.72.
(3) Maintain records of identification card programs.
(4) Utilize protocols developed by the department pursuant to
paragraph (1) of subdivision (d).
(5) Issue identification cards developed by the department to
approved applicants and designated primary caregivers.
(c) The county board of supervisors may designate another
health-related governmental or nongovernmental entity or organization
to perform the functions described in subdivision (b), except for an entity
or organization that cultivates or distributes marijuana.
(d) The department shall develop all of the following:
(1) Protocols that shall be used by a county health department or the
countyâ??s designee to implement the responsibilities described in
subdivision (b), including, but not limited to, protocols to confirm the
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Ch. 875 â??6â??
93
accuracy of information contained in an application and to protect the
confidentiality of program records.
(2) Application forms that shall be issued to requesting applicants.
(3) An identification card that identifies a person authorized to
engage in the medical use of marijuana and an identification card that
identifies the personâ??s designated primary caregiver, if any. The two
identification cards developed pursuant to this paragraph shall be easily
distinguishable from each other.
(e) No person or designated primary caregiver in possession of a valid
identification card shall be subject to arrest for possession,
transportation, delivery, or cultivation of medical marijuana in an
amount established pursuant to this article, unless there is reasonable
cause to believe that the information contained in the card is false or
falsified, the card has been obtained by means of fraud, or the person is
otherwise in violation of the provisions of this article.
(f) It shall not be necessary for a person to obtain an identification
card in order to claim the protections of Section 11362.5.
11362.715. (a) A person who seeks an identification card shall pay
the fee, as provided in Section 11362.755, and provide all of the
following to the county health department or the countyâ??s designee on
a form developed and provided by the department:
(1) The name of the person, and proof of his or her residency within
the county.
(2) Written documentation by the attending physician in the personâ??s
medical records stating that the person has been diagnosed with a serious
medical condition and that the medical use of marijuana is appropriate.
(3) The name, office address, office telephone number, and California
medical license number of the personâ??s attending physician.
(4) The name and the duties of the primary caregiver.
(5) A government-issued photo identification card of the person and
of the designated primary caregiver, if any. If the applicant is a person
under 18 years of age, a certified copy of a birth certificate shall be
deemed sufficient proof of identity.
(b) If the person applying for an identification card lacks the capacity
to make medical decisions, the application may be made by the personâ??s
legal representative, including, but not limited to, any of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for health
care or surrogate decisionmaker authorized under another advanced
health care directive.
(3) Any other individual authorized by statutory or decisional law to
make medical decisions for the person.
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Ch. 875 â??7â??
93
(c) The legal representative described in subdivision (b) may also
designate in the application an individual, including himself or herself,
to serve as a primary caregiver for the person, provided that the
individual meets the definition of a primary caregiver.
(d) The person or legal representative submitting the written
information and documentation described in subdivision (a) shall retain
a copy thereof.
11362.72. (a) Within 30 days of receipt of an application for an
identification card, a county health department or the countyâ??s designee
shall do all of the following:
(1) For purposes of processing the application, verify that the
information contained in the application is accurate. If the person is less
than 18 years of age, the county health department or its designee shall
also contact the parent with legal authority to make medical decisions,
legal guardian, or other person or entity with legal authority to make
medical decisions, to verify the information.
(2) Verify with the Medical Board of California or the Osteopathic
Medical Board of California that the attending physician has a license
in good standing to practice medicine or osteopathy in the state.
(3) Contact the attending physician by facsimile, telephone, or mail
to confirm that the medical records submitted by the patient are a true
and correct copy of those contained in the physicianâ??s office records.
When contacted by a county health department or the countyâ??s designee,
the attending physician shall confirm or deny that the contents of the
medical records are accurate.
(4) Take a photograph or otherwise obtain an electronically
transmissible image of the applicant and of the designated primary
caregiver, if any.
(5) Approve or deny the application. If an applicant who meets the
requirements of Section 11362.715 can establish that an identification
card is needed on an emergency basis, the county or its designee shall
issue a temporary identification card that shall be valid for 30 days from
the date of issuance. The county, or its designee, may extend the
temporary identification card for no more than 30 days at a time, so long
as the applicant continues to meet the requirements of this paragraph.
(b) If the county health department or the countyâ??s designee approves
the application, it shall, within 24 hours, or by the end of the next
working day of approving the application, electronically transmit the
following information to the department:
(1) A unique user identification number of the applicant.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the countyâ??s designee that has approved the application.
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Ch. 875 â??8â??
93
(c) The county health department or the countyâ??s designee shall issue
an identification card to the applicant and to his or her designated
primary caregiver, if any, within five working days of approving the
application.
(d) In any case involving an incomplete application, the applicant
shall assume responsibility for rectifying the deficiency. The county
shall have 14 days from the receipt of information from the applicant
pursuant to this subdivision to approve or deny the application.
11362.735. (a) An identification card issued by the county health
department shall be serially numbered and shall contain all of the
following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the countyâ??s designee that has approved the application.
(4) A 24-hour, toll-free telephone number, to be maintained by the
department, that will enable state and local law enforcement officers to
have immediate access to information necessary to verify the validity of
the card.
(5) Photo identification of the cardholder.
(b) A separate identification card shall be issued to the personâ??s
designated primary caregiver, if any, and shall include a photo
identification of the caregiver.
11362.74. (a) The county health department or the countyâ??s
designee may deny an application only for any of the following reasons:
(1) The applicant did not provide the information required by Section
11362.715, and upon notice of the deficiency pursuant to subdivision (d)
of Section 11362.72, did not provide the information within 30 days.
(2) The county health department or the countyâ??s designee
determines that the information provided was false.
(3) The applicant does not meet the criteria set forth in this article.
(b) Any person whose application has been denied pursuant to
subdivision (a) may not reapply for six months from the date of denial
unless otherwise authorized by the county health department or the
countyâ??s designee or by a court of competent jurisdiction.
(c) Any person whose application has been denied pursuant to
subdivision (a) may appeal that decision to the department. The county
health department or the countyâ??s designee shall make available a
telephone number or address to which the denied applicant can direct an
appeal.
11362.745. (a) An identification card shall be valid for a period of
one year.
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Ch. 875 â??9â??
93
(b) Upon annual renewal of an identification card, the county health
department or its designee shall verify all new information and may
verify any other information that has not changed.
(c) The county health department or the countyâ??s designee shall
transmit its determination of approval or denial of a renewal to the
department.
11362.755. (a) The department shall establish application and
renewal fees for persons seeking to obtain or renew identification cards
that are sufficient to cover the expenses incurred by the department,
including the startup cost, the cost of reduced fees for Medi-Cal
beneficiaries in accordance with subdivision (b), the cost of identifying
and developing a cost-effective Internet Web-based system, and the cost
of maintaining the 24-hour toll-free telephone number. Each county
health department or the countyâ??s designee may charge an additional fee
for all costs incurred by the county or the countyâ??s designee for
administering the program pursuant to this article.
(b) Upon satisfactory proof of participation and eligibility in the
Medi-Cal program, a Medi-Cal beneficiary shall receive a 50 percent
reduction in the fees established pursuant to this section.
11362.76. (a) A person who possesses an identification card shall:
(1) Within seven days, notify the county health department or the
countyâ??s designee of any change in the personâ??s attending physician or
designated primary caregiver, if any.
(2) Annually submit to the county health department or the countyâ??s
designee the following:
(A) Updated written documentation of the personâ??s serious medical
condition.
(B) The name and duties of the personâ??s designated primary
caregiver, if any, for the forthcoming year.
(b) If a person who possesses an identification card fails to comply
with this section, the card shall be deemed expired. If an identification
card expires, the identification card of any designated primary caregiver
of the person shall also expire.
(c) If the designated primary caregiver has been changed, the
previous primary caregiver shall return his or her identification card to
the department or to the county health department or the countyâ??s
designee.
(d) If the owner or operator or an employee of the owner or operator
of a provider has been designated as a primary caregiver pursuant to
paragraph (1) of subdivision (d) of Section 11362.7, of the qualified
patient or person with an identification card, the owner or operator shall
notify the county health department or the countyâ??s designee, pursuant
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Ch. 875 â?? 10 â??
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to Section 11362.715, if a change in the designated primary caregiver has
occurred.
11362.765. (a) Subject to the requirements of this article, the
individuals specified in subdivision (b) shall not be subject, on that sole
basis, to criminal liability under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570. However, nothing in this section shall
authorize the individual to smoke or otherwise consume marijuana
unless otherwise authorized by this article, nor shall anything in this
section authorize any individual or group to cultivate or distribute
marijuana for profit.
(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with an identification card who
transports or processes marijuana for his or her own personal medical
use.
(2) A designated primary caregiver who transports, processes,
administers, delivers, or gives away marijuana for medical purposes, in
amounts not exceeding those established in subdivision (a) of Section
11362.77, only to the qualified patient of the primary caregiver, or to the
person with an identification card who has designated the individual as
a primary caregiver.
(3) Any individual who provides assistance to a qualified patient or
a person with an identification card, or his or her designated primary
caregiver, in administering medical marijuana to the qualified patient or
person or acquiring the skills necessary to cultivate or administer
marijuana for medical purposes to the qualified patient or person.
(c) A primary caregiver who receives compensation for actual
expenses, including reasonable compensation incurred for services
provided to an eligible qualified patient or person with an identification
card to enable that person to use marijuana under this article, or for
payment for out-of-pocket expenses incurred in providing those
services, or both, shall not, on the sole basis of that fact, be subject to
prosecution or punishment under Section 11359 or 11360.
11362.77. (a) A qualified patient or primary caregiver may possess
no more than eight ounces of dried marijuana per qualified patient. In
addition, a qualified patient or primary caregiver may also maintain no
more than six mature or 12 immature marijuana plants per qualified
patient.
(b) If a qualified patient or primary caregiver has a doctorâ??s
recommendation that this quantity does not meet the qualified patientâ??s
medical needs, the qualified patient or primary caregiver may possess an
amount of marijuana consistent with the patientâ??s needs.
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Ch. 875 â?? 11 â??
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(c) Counties and cities may retain or enact medical marijuana
guidelines allowing qualified patients or primary caregivers to exceed
the state limits set forth in subdivision (a).
(d) Only the dried mature processed flowers of female cannabis plant
or the plant conversion shall be considered when determining allowable
quantities of marijuana under this section.
(e) The Attorney General may recommend modifications to the
possession or cultivation limits set forth in this section. These
recommendations, if any, shall be made to the Legislature no later than
December 1, 2005, and may be made only after public comment and
consultation with interested organizations, including, but not limited to,
patients, health care professionals, researchers, law enforcement, and
local governments. Any recommended modification shall be consistent
with the intent of this article and shall be based on currently available
scientific research.
(f) A qualified patient or a person holding a valid identification card,
or the designated primary caregiver of that qualified patient or person,
may possess amounts of marijuana consistent with this article.
11362.775. Qualified patients, persons with valid identification
cards, and the designated primary caregivers of qualified patients and
persons with identification cards, who associate within the State of
California in order collectively or cooperatively to cultivate marijuana
for medical purposes, shall not solely on the basis of that fact be subject
to state criminal sanctions under Section 11357, 11358, 11359, 11360,
11366, 11366.5, or 11570.
11362.78. A state or local law enforcement agency or officer shall
not refuse to accept an identification card issued by the department
unless the state or local law enforcement agency or officer has reasonable
cause to believe that the information contained in the card is false or
fraudulent, or the card is being used fraudulently.
11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any jail, correctional facility, or other
type of penal institution in which prisoners reside or persons under arrest
are detained.
(b) Notwithstanding subdivision (a), a person shall not be prohibited
or prevented from obtaining and submitting the written information and
documentation necessary to apply for an identification card on the basis
that the person is incarcerated in a jail, correctional facility, or other
penal institution in which prisoners reside or persons under arrest are
detained.
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Ch. 875 â?? 12 â??
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(c) Nothing in this article shall prohibit a jail, correctional facility, or
other penal institution in which prisoners reside or persons under arrest
are detained, from permitting a prisoner or a person under arrest who has
an identification card, to use marijuana for medical purposes under
circumstances that will not endanger the health or safety of other
prisoners or the security of the facility.
(d) Nothing in this article shall require a governmental, private, or
any other health insurance provider or health care service plan to be
liable for any claim for reimbursement for the medical use of marijuana.
11362.79. Nothing in this article shall authorize a qualified patient
or person with an identification card to engage in the smoking of medical
marijuana under any of the following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. (a) (1) Any criminal defendant who is eligible to use
marijuana pursuant to Section 11362.5 may request that the court
confirm that he or she is allowed to use medical marijuana while he or
she is on probation or released on bail.
(2) The courtâ??s decision and the reasons for the decision shall be
stated on the record and an entry stating those reasons shall be made in
the minutes of the court.
(3) During the period of probation or release on bail, if a physician
recommends that the probationer or defendant use medical marijuana,
the probationer or defendant may request a modification of the
conditions of probation or bail to authorize the use of medical marijuana.
(4) The courtâ??s consideration of the modification request authorized
by this subdivision shall comply with the requirements of this section.
(b) (1) Any person who is to be released on parole from a jail, state
prison, school, road camp, or other state or local institution of
confinement and who is eligible to use medical marijuana pursuant to
Section 11362.5 may request that he or she be allowed to use medical
marijuana during the period he or she is released on parole. A paroleeâ??s
written conditions of parole shall reflect whether or not a request for a
modification of the conditions of his or her parole to use medical
marijuana was made, and whether the request was granted or denied.
(2) During the period of the parole, where a physician recommends
that the parolee use medical marijuana, the parolee may request a
modification of the conditions of the parole to authorize the use of
medical marijuana.
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Ch. 875 â?? 13 â??
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(3) Any parolee whose request to use medical marijuana while on
parole was denied may pursue an administrative appeal of the decision.
Any decision on the appeal shall be in writing and shall reflect the
reasons for the decision.
(4) The administrative consideration of the modification request
authorized by this subdivision shall comply with the requirements of this
section.
11362.8. No professional licensing board may impose a civil
penalty or take other disciplinary action against a licensee based solely
on the fact that the licensee has performed acts that are necessary or
appropriate to carry out the licenseeâ??s role as a designated primary
caregiver to a person who is a qualified patient or who possesses a lawful
identification card issued pursuant to Section 11362.72. However, this
section shall not apply to acts performed by a physician relating to the
discussion or recommendation of the medical use of marijuana to a
patient. These discussions or recommendations, or both, shall be
governed by Section 11362.5.
11362.81. (a) A person specified in subdivision (b) shall be subject
to the following penalties:
(1) For the first offense, imprisonment in the county jail for no more
than six months or a fine not to exceed one thousand dollars ($1,000),
or both.
(2) For a second or subsequent offense, imprisonment in the county
jail for no more than one year, or a fine not to exceed one thousand dollars
($1,000), or both.
(b) Subdivision (a) applies to any of the following:
(1) A person who fraudulently represents a medical condition or
fraudulently provides any material misinformation to a physician,
county health department or the countyâ??s designee, or state or local law
enforcement agency or officer, for the purpose of falsely obtaining an
identification card.
(2) A person who steals or fraudulently uses any personâ??s
identification card in order to acquire, possess, cultivate, transport, use,
produce, or distribute marijuana.
(3) A person who counterfeits, tampers with, or fraudulently
produces an identification card.
(4) A person who breaches the confidentiality requirements of this
article to information provided to, or contained in the records of, the
department or of a county health department or the countyâ??s designee
pertaining to an identification card program.
(c) In addition to the penalties prescribed in subdivision (a), any
person described in subdivision (b) may be precluded from attempting
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to obtain, or obtaining or using, an identification card for a period of up
to six months at the discretion of the court.
(d) In addition to the requirements of this article, the Attorney
General shall develop and adopt appropriate guidelines to ensure the
security and nondiversion of marijuana grown for medical use by
patients qualified under the Compassionate Use Act of 1996.
11362.82. If any section, subdivision, sentence, clause, phrase, or
portion of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, that portion shall be deemed a
separate, distinct, and independent provision, and that holding shall not
affect the validity of the remaining portion thereof.
11362.83. Nothing in this article shall prevent a city or other local
governing body from adopting and enforcing laws consistent with this
article.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district because
in that regard this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or infraction,
within the meaning of Section 17556 of the Government Code, or
changes the definition of a crime within the meaning of Section 6 of
Article XIII B of the California Constitution.
In addition, no reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for other costs
mandated by the state because this act includes additional revenue that
is specifically intended to fund the costs of the state mandate in an
amount sufficient to fund the cost of the state mandate, within the
meaning of Section 17556 of the Government Code.
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