BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 420| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 420 Author: Vasconcellos (D), et al Amended: 9/9/03 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 NO VOTE RECORDED: Escutia, Florez 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 NO VOTE RECORDED: Burton SENATE FLOOR : 24-12, 6/2/03 AYES: Alarcon, Alpert, Bowen, Burton, Cedillo, Chesbro, Ducheny, Escutia, Figueroa, Karnette, Kuehl, Machado, McClintock, McPherson, Murray, Ortiz, Perata, Romero, Scott, Sher, Speier, Torlakson, Vasconcellos, Vincent NOES: Aanestad, Ackerman, Ashburn, Battin, Brulte, Denham, Hollingsworth, Knight, Margett, Morrow, Oller, Poochigian NO VOTE RECORDED: Dunn, Florez, Johnson, Soto SUBJECT : Medical marijuana CONTINUED SB 420 Page 2 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. Assembly Amendments (1) revise provisions relating to renewal fees, (2) set forth the amount of marijuana that may be possessed by qualified patients or primary caregivers, (3) authorize the State Attorney General (AG) to recommend modifications to the possession or cultivation limits to be made to the Legislature, and (4) require the AG to adopt guidelines to ensure the security and non-diversion of marijuana grown for medical use by qualified persons. ANALYSIS : Existing law authorizes, under the 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. SB 420 Page 3 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. 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 SB 420 Page 4 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 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, to be maintained by DHS, 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 SB 420 Page 5 on primary caregivers. 16.Requires DHS to establish application and renewal fees that are sufficient to cover the expenses by DHS, including the start-up cost, the cost of reduced fees for Medi-Cal beneficiaries, 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. Authorizes each county health department to charge an additional fee for all county department or designee costs incurred for administering the program. However, upon satisfactory proof of participation and eligibility in the Medi-Cal program, these fees shall be reduced by 50 percent. 17.Provides that qualified patients or primary caregivers may possess no more than eight ounces of dried marijuana, and, in addition, may also maintain no more than six mature and 12 immature marijuana plants per qualified patient. 18.States that if a patient or primary caregiver has a doctor's recommendation that this quantity does not meet the patient's medical needs, the patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs. 19.Provides that cities and counties may retain or enact medical marijuana guidelines allowing patients or their caregivers to exceed the state limits. 20.Provides that the AG may recommend modifications to the possession or cultivation limits, and that such recommendations shall be made to the Legislature no later than 1/1/05. 21.States that the AG shall adopt guidelines to ensure the security and non-diversion of marijuana grown for medical use by qualified patients. 22.Permits cooperative cultivation of marijuana for medical purposes, with specified supervision of DHS. 23.Requires a state or local law enforcement officer to SB 420 Page 6 accept an ID card unless the officer has reasonable cause to believe the card is fraudulent. 24.Restricts the use of medical marijuana in workplaces, correctional facilities, near schools or in other places where smoking tobacco is prohibited. 25.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. 26.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 Unknown. SUPPORT : (Verified 7/8/03, per Assembly Health Committee, unable to re-verify at time of this writing) Americans for Medical Rights Being Alive Los Angeles, Inc. California National Organization for the Reform of SB 420 Page 7 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 State Department of Justice 2 individuals OPPOSITION : (Verified 7/8/03, per Assembly Health Committee, unable to re-verify at time of this writing) 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 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 SB 420 Page 8 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 9/11/03 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****