BILL NUMBER: AB 1300 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Blumenfield
FEBRUARY 18, 2011
An act to amend Section 11362.768 Sections
11362.7, 11362.76, and 11362.83 of the Health and Safety Code,
relating to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 1300, as amended, Blumenfield. Medical marijuana.
Existing law establishes the Medical Marijuana Program to exempt
certain qualified patients who hold an identification card issued
pursuant to the program, and the caregivers of those persons from
certain state criminal sanctions related to the possession,
cultivation, transportation, processing, or use of limited amounts of
marijuana, as specified. The program prohibits certain entities,
including a medical marijuana cooperative or collective, from being
located within a 600-foot radius of a school. Existing law also
specifically provides that these provisions governing the program do
not prevent a city or other local governing body from adopting and
enforcing laws consistent with the program.
This bill would define a cooperative or collective for purposes of
the program. The bill would also revise the latter provision
described above to additionally provide that these provisions shall
not prevent a city or other local governing body from adopting local
ordinances that regulate the location, operation, or establishment of
a medical marijuana cooperative or collective, or from the civil or
criminal enforcement of those local ordinances.
Existing law prohibits a medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider
authorized by law to possess, cultivate, or distribute medical
marijuana that has a storefront or mobile retail outlet which
ordinarily requires a local business license from being located
within a 600-foot radius of any public or private school providing
instruction in kindergarten or grades 1 to 12, inclusive, except as
specified. Existing law provides that nothing in these provisions
prohibits a city, county, or city and county from adopting ordinances
that further restrict the location or establishment of these medical
marijuana establishments.
This bill would make a technical, nonsubstantive change to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.7 of the
Health and Safety Code is amended to read:
11362.7. For purposes of this article, the following definitions
shall apply:
(a) "Attending physician" 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 patient's medical record the physician's
assessment of whether the patient has a serious medical condition and
whether the medical use of marijuana is appropriate.
(b) "Cooperative or collective," for purposes of this article,
means a location where qualified patients, persons with a valid
identification card, or the designated primary caregivers of
qualified patients and persons with identification cards associate
within this state in order to collectively or cooperatively cultivate
marijuana for medical purposes.
(b)
(c) "Department" means the State Department of
Public Health Services .
(c)
(d) "Person with an identification card" means an
individual who is a qualified patient who has applied for and
received a valid identification card pursuant to this article.
(d)
(e) "Primary caregiver" 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 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)
(f) 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)
(g) "Qualified patient" 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)
(h) "Identification card" means a document issued by
the State Department of Health Services
department that document identifies a person
authorized to engage in the medical use of marijuana and the person'
s designated primary caregiver, if any.
(h)
(i) "Serious medical condition" 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.
(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 patient's
safety or physical or mental health.
(i)
(j) "Written documentation" means accurate
reproductions of those portions of a patient'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 county's designee as part of an application for an
identification card.
SEC. 2. Section 11362.76 of the Health
and Safety Code is amended to read:
11362.76. (a) A person who possesses an identification card
shall:
(1) Within seven days, notify the county health department or the
county's designee of any change in the person's attending physician
or designated primary caregiver, if any.
(2) Annually submit to the county health department or the county'
s designee the following:
(A) Updated written documentation of the person's serious medical
condition.
(B) The name and duties of the person'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
county'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)
(e) 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 county's designee, pursuant to
Section 11362.715, if a change in the designated primary caregiver
has occurred.
SEC. 3. Section 11362.83 of the Health
and Safety Code is amended to read:
11362.83. Nothing in this article shall prevent a city or other
local governing body from adopting and enforcing any of the
following:
(a) Adopting local ordinances that regulate the location,
operation, or establishment of a medical marijuana cooperative or
collective.
(b) The civil and criminal enforcement
of local ordinances described in subdivision (a). laws
(c) Enactin g other laws
consistent with this article.
SECTION 1. Section 11362.768 of the Health and
Safety Code is amended to read:
11362.768. (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
(b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 600-foot radius of a school.
(c) The distance specified in this section shall be the horizontal
distance measured in a straight line from the property line of the
school to the closest property line of the lot on which the medical
marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
(d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility.
(e) This section shall apply only to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is authorized by law to possess, cultivate, or
distribute medical marijuana and that has a storefront or mobile
retail outlet that ordinarily requires a local business license.
(f) Nothing in this section shall prohibit a city, county, or city
and county from adopting ordinances or policies that further
restrict the location or establishment of a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider.
(g) Nothing in this section shall preempt local ordinances,
adopted prior to January 1, 2011, that regulate the location or
establishment of a medical marijuana cooperative, collective,
dispensary, operator, establishment, or provider.
(h) For the purposes of this section, "school" means any public or
private school providing instruction in kindergarten or grades 1 to
12, inclusive, but does not include any private school in which
education is primarily conducted in private homes.