BILL NUMBER: AB 2743	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2008

INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 22, 2008

   An act to add Section 11362.84 to the Health and Safety Code,
relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2743, as amended, Saldana. Medical marijuana: nonassistance
with federal raids.
   Existing law creates a legal defense for a patient and a patient's
primary caregiver against criminal charges of possession or
cultivation of marijuana, as specified. Existing law also establishes
a medical marijuana program, which exempts persons with an
identification card and the person's designated primary caregiver
from arrest for possession, transportation, delivery, or cultivation
of medical marijuana, as specified.
   This bill would declare that it is the policy of the state that
its agencies and agents  and its cities, counties, and other
state or local  shall not  cooperate  
assist  in federal raids  ,   arrests,
investigations,  or prosecutions for marijuana-related offenses
if the target is a qualified patient, a designated caregiver, or
other person covered under state medical marijuana laws  , as
specified  .  The bill would also declare that it is
not the policy of the state to prohibit assistance in specified
circumstances in which (1) the target is engaged in marijuana
distribution to individuals who are not protected by medical
marijuana laws, (2) the investigation relates solely to marijuana
grown or stored without permission on federal, state, or local lands,
or (3) a law enforcement agency is required to provide crowd or
traffic control outside a location where federal agents are
conducting a raid, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) California voters enacted and overwhelmingly support laws to
decriminalize under state law the medical use, possession, and
distribution of marijuana to qualified patients.
   (b) Federal criminal law permits under the federal compassionate
use program the use of marijuana by patients remaining in that
program, but does not provide any exception whatsoever for the
doctor-recommended use of marijuana by California patients, as
decriminalized under California law.
   (c) Federal agents have repeatedly raided, arrested, and
prosecuted marijuana providers of medical marijuana patients, and
arrested and seized medicine from patients.
   (d) The proper operation of California's medical marijuana laws
depends on preserving patients' and providers' confidentiality and
conducting any necessary investigations under state law.
   (e) The Medical Marijuana Program prohibits agents of the state of
California and its political subdivisions from  arresting,
housing, or otherwise detaining   arresting  any
medical marijuana patient who possesses a valid medical marijuana
identification card.
   (f) State and local officials sometimes mistakenly believe their
duties include enforcing the federal prohibition on medical marijuana
against patients and caregivers.
   (g) The California Fourth Circuit Court of Appeals, in City of
Garden Grove v. Superior Court (2007) 157 Cal.App.4th 355, 391, noted
that "it is not the job of the local police to enforce the federal
drug laws ... ."
   (h) Although the State of California recognizes the right of the
federal government to enforce its own laws, the state is not required
to use its resources to enforce federal law.
  SEC. 2.  Section 11362.84 is added to the Health and Safety Code,
to read:
   11362.84.   (a)    It is the policy of the state
that its agencies and agents  and its cities, counties, and
other state or local governmental entities  shall not 
cooperate in federal raids   assist in federal raids,
arrests, investigations,  or prosecutions for marijuana-related
offenses if the target is a qualified patient, a designated
caregiver, or other person described in Section 11362.775.
    (b) It is not the policy of the state to prohibit assistance
if any of the following circumstances exist: 
    (1) There is probable cause to believe the target of the
investigation is engaged in the ongoing, knowing, and willful
distribution of marijuana to individuals who are not protected by
Sections 11362.5 to 11352.83, inclusive, or another state or federal
medical marijuana law. 
    (2) The investigation relates solely to marijuana that is
grown or stored on federal, state, or local lands, without the
permission of any state or local government. 
    (3) A law enforcement agency is require to provide crowd or
traffic control outside a location where federal agents are raiding a
qualified patient, a designated caregiver, or other person described
in Section 11362.775. 
    (c) This section shall not allow or require a state, local,
or county agent or agency to actively impede a federal agent or
agency from carrying out federal law.