BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 420|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 420
Author: Vasconcellos (D), et al
Amended: 5/27/03
Vote: 21
SENATE HEALTH & HUMAN SERV. COMMITTEE : 8-3, 4/9/03
AYES: Ortiz, Alarcon, Chesbro, Figueroa, Kuehl, Romero,
Vasconcellos, Vincent
NOES: Aanestad, Ashburn, Battin
SENATE PUBLIC SAFETY COMMITTEE : 5-1, 5/6/03
AYES: McPherson, Vasconcellos, Burton, Romero, Sher
NOES: Margett
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/19/03
AYES: Alpert, Bowen, Escutia, Karnette, Machado, Murray,
Speier
NOES: Battin, Aanestad, Ashburn, Johnson, Poochigian
SUBJECT : Medical marijuana
SOURCE : Author
DIGEST : This bill establishes a voluntary program for
the issuance of identification (ID) cards to patients
qualified to use medical marijuana and makes numerous legal
definitions, clarifications, and statutory changes
necessary to implement and enforce a system providing
medical marijuana to chronically ill patients.
ANALYSIS : Existing law authorizes, under the
CONTINUED
SB 420
Page
2
Compassionate Use Act (Proposition 215 of 1996),
individuals with chronic medical conditions and their
caregivers to cultivate, possess, and use marijuana upon
the recommendation of their physician. Provides that
physicians who recommend marijuana to their patients shall
not be prosecuted. This existing state law conflicts with
federal law that makes cultivation, possession, and use of
marijuana a crime.
This bill :
1. Finds that certain problems and uncertainties in the
Compassionate Use Act of 1996 (Act) have impeded the
ability of law enforcement to interpret and enforce the
law. It finds lack of enforcement has prevented
qualified individuals access to medical marijuana and
finds a voluntary ID card program consistent with the
purpose of the act. States intent of Legislature to
clarify the scope and application of the Act and to
facilitate prompt ID of qualified patients, promote
uniform application of the act, and enhance access of
patients to marijuana through collective cultivation.
2. Defines necessary terms. Defines "primary caregiver" as
an individual designated by the patient and responsible
for housing, health and safety of that patient.
Specifies that primary caregiver may include operators
and staff of residential care facilities, may live in a
city/county different from the patient, must be 18 years
of age or entitled to make medical decisions for the
patient under law. Defines "serious medical condition,"
which qualifies a patient to use medical marijuana, as
including specified chronic diseases such as "AIDS,
anorexia, arthritis, cancer, chronic pain, glaucoma,
multiple sclerosis, epilepsy or any chronic condition
which limits a major life activity and is capable of
causing serious harm."
3. Requires the State Department of Health Services (DHS)
to establish and maintain a voluntary program for the
issuance of ID cards to patients who satisfy the
requirements set out in this bill and who voluntarily
apply for the card.
SB 420
Page
3
4. Requires DHS to develop: protocols for county health
departments to confirm the accuracy of applications and
to protect confidentiality; application forms;
distinguishable ID cards for patients and primary
caregivers.
5. Requires county health departments, or another entity
designated by the county health department, to provide
applications for the ID cards, receive and process
applications, maintain records, and issue cards to
applicants and primary caregivers.
6. Exempts patients and caregivers with valid ID cards from
arrest for possession, transportation or cultivation for
an approved amount of marijuana. States possession of
an ID card is not a requirement to claim protection
under Section 11362.5 of the Act.
7. Requires payment of a fee and specifies documentation
necessary to obtain a valid ID card to include proof of
residency of patient, written documentation by the
attending physician on the qualifying condition and a
statement that the medical use of marijuana is
appropriate; name, address, phone number and license
number of the physician; and the name, duties, and photo
of primary caregiver.
8. Permits a legal representative to apply for a card for
an individual who lacks the capacity to make medical
decisions, and designate him or her to serve as a
primary caregiver.
9. Requires county health departments to verify information
in applications, photograph applicants and caregivers,
and approve/deny applications within 30 days. Requires
counties to issue a temporary card, that shall be valid
for 30 days, if an applicant can establish that the card
is needed on an emergency basis. The card may be
extended for a maximum of 30 days.
10.Requires counties, within 24 hours of approving an
application, to electronically transmit to DHS a unique
applicant ID number, expiration date of the card, and
identifying information of the entity that approved the
SB 420
Page
4
application.
11.Requires counties to issue ID cards within five working
days of approving the application.
12.Requires the following information to be contained on an
ID card: unique ID number, identifying information of
approving agency, photo of cardholder, and a 24-hour
phone number for law enforcement to immediately verify
the validity of the card.
13.Specifies circumstances within which the county may deny
issuance of a card, prohibits reapplication for at least
six months, and allows denied applicants to appeal the
decision.
14.Makes registry cards valid for a renewable one-year
period, and requires notice for change in patient
residence or status.
15.Requires patients to annually submit to the county
updates on his or her medical condition and information
on primary caregivers.
16.Requires DHS to establish application and renewal fees
that are sufficient to cover the expenses by both DHS
and the counties. Requires that the fees be waived upon
proof of indigence.
17.Requires DHS to issue emergency regulations by July 1,
2004, after public comment and consultation with
specified interested organizations, determining
appropriate amounts of marijuana for possession and
medical use by qualified patients.
18.Permits cooperative cultivation of marijuana for medical
purposes, with specified supervision of DHS. Requires
DHS to adopt regulations governing the operation of
these cooperatives by December 31, 2004.
19.Requires a state or local law enforcement officer to
accept an ID card unless the officer has reasonable
cause to believe the card is fraudulent.
SB 420
Page
5
20.Restricts the use of medical marijuana in workplaces,
correctional facilities, near schools or in other places
where smoking tobacco is prohibited.
21.Prohibits administrative or licensing actions against
professionals in compliance with this act. Makes
fraudulent use of an ID card punishable by a fine and up
to one-year in jail.
22.Contains a severability clause. Authorizes local
enforcement of this article.
Prior Legislation
SB 535 (Vasconcellos) of 1997 established a study to
confirm the value of medical marijuana, and established
medical guidelines for appropriate administration and use,
including treatments. SB 1887 (Vasconcellos) of 1998
authorized local governments to establish medical marijuana
distribution programs. Both bills were defeated in the
Assembly. SB 847 (Vasconcellos), Chapter 750, Statutes of
1999 authorized the University of California to establish a
California Marijuana Research Program. SB 848
(Vasconcellos) of 1999 proposed a registry system similar
to this bill. The bill was defeated in the Assembly. In
2001, the final version of SB 187 (Vasconcellos) was
identical to this bill; it passed both houses of the
Legislature but was held by the Senate and not sent to the
Governor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2003-04 2004-05
2005-06 Fund
ID card program Between $1 million & $2
million General*
per year
SB 420
Page
6
* Entirely offset by fees for ID cards
SUPPORT : (Verified 5/27/03)
Attorney General
Americans for Medical Rights
Americans for Safe Access
Being Alive Los Angeles, Inc.
California National Organization for the Reform of
Marijuana Laws
Drug Policy Alliance Network
Marijuana Policy Project
San Mateo County Board of Supervisors
Friends Committee on Legislation of California
California Medical Association
California Nurses Association
City and County of San Francisco
San Francisco AIDS Foundation
Santa Barbara Patient/Doctor Coalition
1 individual
OPPOSITION : (Verified 5/27/03)
California Conference of Local Health Officers
Campaign for California Families
Committee on Moral Concerns
Recovery California Coalition
ARGUMENTS IN SUPPORT : Proponents support the bill
because they believe it addresses the concerns of law
enforcement and ultimately will help make medical marijuana
available to chronically ill patients. The author's office
argues that uniform guidelines and accurate ID of users
will avoid the confusion and frustration police officers
face in determining the validity of medical possession
claims. Americans for Safe Access states that "Patients
across California need SB 420 to help guarantee them the
rights voters extended to them." Being Alive wrote in
support that, "Despite their possession of a doctor's
prescription for their use of medical marijuana, a number
of our members have nonetheless been harassed by police."
San Mateo County supports the bill's proposed fee system to
cover expenses incurred by counties administering the ID
program, and states that "Providing medical marijuana in a
SB 420
Page
7
cost effective and uniform manner that promotes the
collection of data for research and future resource
allocation is a critical step in meeting the objectives of
the Compassionate Use Act."
ARGUMENTS IN OPPOSITION : Opponents to this bill
primarily believe that the ID card system being proposed
would be abused, leading to increased illegal drug use, and
therefore argue that this bill is merely an attempt to
legalize marijuana use. The Committee on Moral Concerns
(CMC) states that "The bill includes as 'caregiver' people
who do nothing for patients but grow, transport, and sell
marijuana." The CMC further states that, "It creates a
statewide marijuana trafficking network, without adequate
safeguards, far beyond what the voters approved." Recovery
California Coalition wrote in opposition that "There is no
medical necessity for exception to the Controlled Substance
Act's provision on manufacturing and distributing
marijuana." Finally, the California Conference of Local
Health Officers (CCLHO) opposes the bill citing an
overburdened county health system. CCLHO argues that
although an ID card system might be a worthwhile approach,
the distribution of medical marijuana is a medical, not a
public health function, and therefore should be managed by
an entity other than the state's public health system.
CP:mel 5/27/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****