BILL ANALYSIS
SB 420
Page 1
Date of Hearing: July 8, 2003
ASSEMBLY COMMITTEE ON HEALTH
Dario Frommer, Chair
SB 420 (Vasconcellos) - As Amended: May 27, 2003
SENATE VOTE : 24-12
SUBJECT : Medical Marijuana.
SUMMARY : Establishes a voluntary program for the issuance of
identification cards to patients qualified to use medical
marijuana and makes changes necessary to implement and enforce a
system providing medical marijuana to chronically ill patents.
Specifically, this bill :
1)States legislative intent to facilitate the prompt
identification of qualified patients and their caregivers in
order to avoid unnecessary arrests, to promote a state-wide
application, to collect data regarding the extent of serious
medical conditions, and to enhance the access to medical
marijuana through collective, cooperative cultivation
projects.
2)Defines "primary caregiver" as someone 18 years or older who
is responsible for the housing, health, and safety of a
patient. Allows an operator or staff of residential care
facilities to be named as a primary caregiver and allows a
person to be to be named by one or more qualified patients if
all patients live within the same city or county, but
prohibits a person from being a primary caregiver to patients
in different cities or counties.
3)Defines "serious medical condition" as AIDS, anorexia,
arthritis, cachexia, cancer, chronic pain, glaucoma, migraine,
muscle spasms, seizures, severe nausea, or any illness that
substantially limits the ability of a person to conduct one or
more major life activities.
4)Requires DHS to design marijuana identification cards and to
establish and maintain a voluntary program to issue
identification cards to qualified patients and their
designated caregivers.
5)Directs county health departments to charge an application
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fee, provide applications to individuals seeking to join the
identification card program, receive and process applications,
maintain records of the program, and issue the identification
cards that are valid for one year.
6)Requires DHS to develop protocols for use by county health
departments to implement the program, including protocols to
confirm the accuracy of information, to develop application
forms used to request identification cards, and design
identification cards to identify a patient and a caregiver.
7)States that no patient or 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 approved by DHS, unless there is reasonable cause
to believe that the information contained in the card is false
or falsified.
8)Provides that it shall not be necessary for a person to obtain
an identification card in order to claim protection under the
Compassionate Use Act.
9)Requires persons seeking an identification card to pay a fee
and provide the all information required. Allows a legal
representative to apply on behalf of a patient, and designate
himself or herself as the primary caregiver, if the patient
lacks the capacity to make medical decisions.
10)Requires county health departments to process applications
within 30 days by verifying all information provided,
including medical records and physician qualifications, and by
approving or denying the application.
11)Requires an issued identification card to contain specific
information including a unique user identification number,
expiration date, photo identification, and a 24-hour toll-free
telephone number that will enable state and local law
enforcement officers access to information to verify the
information on the cards.
12)Requires county health departments, upon approval of an
application, to transmit the user identification number, date
of expiration of the card, and the name of the issuing health
department to DHS within 24 hours.
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13)Allows applications be denied if an applicant does not
provide the information required, if the county health
department demonstrates the information is false, or if an
applicant does not meet the criteria.
14)Allows applications to be appealed or resubmitted after six
months, unless otherwise authorized by the county health
department.
15) Provides that identification cards be valid for one year and
provides for annual renewal, pending verification of new and
current information.
16) Requires DHS to establish application and renewal fees that
are sufficient to cover the expenses incurred by DHS and each
county health department. Provides for not less than 50
percent of the fees collected are made available to county
health departments.
17)Requires cardholders to notify the county health department
of any change in the person's physician or designated primary
caregiver within 7 days, and requires a cardholder to annually
submit updated medical documentation regarding the patient's
serious medical condition, and the name and duties of the
patient's designated primary caregiver.
18) Deems a card expired, and that of any caregiver, if a person
who possesses the card fails to comply with the requirements
established in #17 above.
19)Provides that patients, caregivers and persons providing
assistance shall not be subject, on that sole basis, to
criminal liability for transporting, processing,
administering, delivering or cultivating marijuana.
20)Requires DHS to issue emergency regulations, after public
comment and consultation with interested organizations,
including patients, health care professionals, researchers,
and law enforcement, to determine the appropriate amounts of
marijuana for personal medical use, by July 1, 2003.
21)Requires DHS, after public comment and consultation with
interested organizations, to adopt regulations governing the
operation and supervision of cooperatives, by December 31,
2004.
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22)Requires state or local law enforcement agencies to accept an
identification card issued by DHS, unless the official has
reasonable cause to believe that the information on the card
is false, or the card is being use for fraudulent means.
23) Provides that accommodation for medical marijuana is not
required in the workplace or in jails or penal institutions
where prisoners reside or persons are detained.
24)States that penal institutions are not prohibited from
allowing the use of medical marijuana under circumstances that
will not endanger the health or safety of other prisoners or
the security of the facility.
25)Prohibits the smoking of medical marijuana in any place where
smoking is prohibited by law, within 1,000 feet of a school or
youth center, on a school bus, or while operating a motor
vehicle or boat.
26) Makes medical marijuana available to some criminal
defendants who are eligible for the use of medical marijuana,
subject to court approval.
27) Creates penalties for persons who fraudulently obtain,
steal, or use an identification card.
EXISTING LAW:
1)Provides, under Proposition 215 of 1996, the Compassionate Use
Act, the right to obtain and use marijuana for medical
purposes where medical use is deemed appropriate and has been
recommended by a physician and ensures that patients and their
primary caregivers are not subject to criminal prosecution or
sanction. Protects physicians from punishment for
recommending marijuana to a patient for medical purposes.
2)Prohibits the possession, transportation, sale, or cultivation
of marijuana, unless otherwise provided by law.
FISCAL EFFECT : According to the Senate Appropriations Committee
analysis, the cost of the program will be between $1 million and
$2 million per year, which would be entirely offset by fees for
the identification cards.
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COMMENTS :
1)PURPOSE OF THIS BILL . According to the author, this bill will
realize the implementation of the Compassionate Use Act and
will provide appropriate access to medical marijuana that was
provided under the act. The author states that patients in
California continue to have limited access to medical
marijuana due to the lack of appropriate legislation to
implement a program to distribute medical marijuana, guide law
enforcement officers and protect physicians, caregivers and
patients.
According to the author, this measure is a result of lengthy
negotiations between the author, stakeholders, and a special
task force created by the Attorney General. It defines key
terms, specifies the medical conditions that qualify for
medical marijuana, clarifies the role of primary caregiver,
and makes clear the qualifications and role of attending
physicians. In addition, the bill establishes a legal system
to identify patients and caregivers through a statewide
system.
2)BACKGROUND . According to a General Accounting Office (GAO)
report, four states allow medical use of marijuana, including
Oregon, Alaska, Hawaii and California. Of the four,
California is the only state that does not have a state-run
registry, leaving local jurisdictions to develop their own
guidelines and voluntary registries. The GAO report further
demonstrates that some communities in California have created
voluntary local registries to provide medical marijuana users
with registry cards to document that the cardholder is
eligible for medical use of marijuana.
According to Attorney General Bill Lockyer, a task force to
address the implementation of the Compassionate Use Act was
assembled to discuss the implementation of the act. This
29-member task force is comprised of patients, law
enforcement, doctors and local government representatives and
met over the six months. The task force created enforceable
recommendations that include the establishment of a registry
identification program administered by DHS and recommends that
DHS determines the amount of appropriate medical marijuana.
This bill is a result of task force recommendations to create
a statewide system and that would standardize guidelines for
the use of medical marijuana.
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3)OPPOSITION . The California Conference of Local Health
Officers (CCLHO) is concerned about requiring local public
health departments to establish and operate a registry system.
CCLHO argues public health departments should not be diverted
from their primary care public health functions in order to
operate this registry. Furthermore, CCLHO states the
regulation of drugs and monitoring of physicians should be the
responsibilities of the California Medical Board and DHS, not
the county health department. Finally, CCLHO suggests a
registration system should be administered by a state agency,
such as DHS or the Department of Justice.
The Committee on Moral Concerns argues that the bill would
create a statewide trafficking network, without providing
adequate safeguards to ensure marijuana is used appropriately.
The Campaign for California Families states this bill is
another step toward legalizing marijuana use and is concerned
about identification cards that would be easy to forge.
4)PREVIOUS LEGISLATION . The author introduced similar
legislation in each of the last two sessions. SB 848 of
failed passage on the Assembly floor in 2000 and SB 187 passed
off the Assembly floor in 2001 but was not taken up in the
Senate for concurrence in Assembly amendments.
5)PRIOR ACTION . This bill was heard by the Assembly Committee
on Public Safety on July 2, 2003 and passed by a vote of 5-2.
REGISTERED SUPPORT / OPPOSITION :
Support
Americans for Medical Rights
Being Alive, People with HIV/AIDS Action Coalition
California Medical Association
California National Organization for the Reform of Marijuana
Laws
California Nurses Association
California State Department of Justice
City and County of San Francisco
Drug Policy Alliance Network
Friends Committee on Legislation of California
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Marijuana Policy Project
San Francisco AIDS Foundation
San Mateo County Board of Supervisors
2 individuals
Opposition
California Conference of Local Health Officers
Campaign for California Families
Committee on Moral Concerns
Recovery California Coalition
Analysis Prepared by : Clara Craven / HEALTH / (916) 319-2097