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  1.     
    #1
    Senior Member

    The chaptered text of california MMj Law SB420

    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/..._chaptered.pdf

    93
    Senate Bill No. 420
    //////////////////////////////////////////////////////////////////////////
    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??
    93
    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??
    93
    (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??
    93
    (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
    //////////////////////////////////////////////////////////////////////////
    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??
    93
    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??
    93
    (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
    //////////////////////////////////////////////////////////////////////////
    Ch. 875 â?? 14 â??
    93
    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
    veggii Reviewed by veggii on . The chaptered text of california MMj Law SB420 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 ////////////////////////////////////////////////////////////////////////// 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 Rating: 5

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  3.     
    #2
    Senior Member

    The chaptered text of california MMj Law SB420

    maybe a sticky on the above ??:thumbsup:

  4.     
    #3
    Senior Member

    The chaptered text of california MMj Law SB420

    I second that motion! - Granny:hippy:

  5.     
    #4
    Senior Member

    The chaptered text of california MMj Law SB420

    Third! :thumbsup:

  6.     
    #5
    Senior Member

    The chaptered text of california MMj Law SB420

    Quote Originally Posted by Weedhound
    Third! :thumbsup:
    LOL....already done my friend.:thumbsup:

    Keep the good information comin' veggii!!

    Have a good one!:jointsmile:

  7.     
    #6
    Member

    The chaptered text of california MMj Law SB420

    Wow, what great information. Thank you so much!!

  8.     
    #7
    Junior Member

    The chaptered text of california MMj Law SB420

    I really appreciate this post. I have been looking all over for this! I found this site on Google. It was excellent and very informative. Thanks for posting.

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