BILL NUMBER: AB 2465 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Campos
FEBRUARY 24, 2012
An act to amend Sections 11362.71, 11362.715, and 11362.735 of,
and to add Section 11362.776 to, the Health and Safety Code, relating
to medical marijuana.
LEGISLATIVE COUNSEL'S DIGEST
AB 2465, as introduced, Campos. Medical marijuana: identification
cards.
Existing law, the Compassionate Use Act of 1996, an initiative
measure, prohibits prosecution for the possession or cultivation of
marijuana of a patient or a patient's primary caregiver who possesses
or cultivates marijuana for the personal medical purposes of the
patient upon the written or oral recommendation or approval of a
physician. Existing law, the Medical Marijuana Program Act,
establishes a voluntary identification card program to exempt
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. Existing law requires that each county health
department comply with various duties relating to the issuance of
identification cards. Violation of certain provisions relating to the
procurement of an identification card is a misdemeanor.
This bill would make it mandatory for a qualified patient or his
or her designated primary caregiver to hold an identification card to
engage in the medical use of marijuana. The bill also would require
that the identification card include additional information relating
to the cultivation of medical marijuana. By expanding the scope of a
crime, and by increasing the duties on local agencies, this bill
would impose a state-mandated local program.
This bill would require a medical marijuana cooperative,
collective, dispensary, operation, establishment, or provider to have
available at all times a copy of the identification card for each
person to whom medical marijuana is provided.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11362.71 of the Health and Safety Code is
amended to read:
11362.71. (a) (1) The department shall establish and maintain a
voluntary program for the issuance of
identification cards to qualified patients who satisfy the
requirements of this article and voluntarily apply
to the identification card program.
(2) The department shall establish and maintain a 24-hour,
toll-free telephone number that will enable state and local law
enforcement officers to have immediate access to information
necessary to verify the validity of an identification card issued by
the department, until a cost-effective Internet Web-based system can
be developed for this purpose.
(b) Every county health department, or the county's designee,
shall do all of the following:
(1) Provide applications upon request to individuals seeking to
join the identification card program.
(2) Receive and process completed applications in accordance with
Section 11362.72.
(3) Maintain records of identification card programs.
(4) Utilize protocols developed by the department pursuant to
paragraph (1) of subdivision (d).
(5) Issue identification cards developed by the department to
approved applicants and designated primary caregivers.
(c) The county board of supervisors may designate another
health-related governmental or nongovernmental entity or organization
to perform the functions described in subdivision (b), except for an
entity or organization that cultivates or distributes marijuana.
(d) The department shall develop all of the following:
(1) Protocols that shall be used by a county health department or
the county's designee to implement the responsibilities described in
subdivision (b), including, but not limited to, protocols to confirm
the accuracy of information contained in an application and to
protect the confidentiality of program records.
(2) Application forms that shall be issued to requesting
applicants.
(3) An identification card that identifies a person authorized to
engage in the medical use of marijuana and an identification card
that identifies the person's designated primary caregiver, if any.
The two identification cards developed pursuant to this paragraph
shall be easily distinguishable from each other.
(e) No A person or designated primary
caregiver in possession of a valid identification card shall
not be subject to arrest for possession, transportation,
delivery, or cultivation of medical marijuana in an amount
established pursuant to this article, unless there is reasonable
cause to believe that the information contained in the card is false
or falsified, the card has been obtained by means of fraud, or the
person is otherwise in violation of the provisions of this article.
(f) It shall not be necessary for a person to obtain an
identification card in order to claim the protections of Section
11362.5.
SEC. 2. Section 11362.715 of the Health and Safety Code is amended
to read:
11362.715. (a) A person who is a qualified patient who
wishes to engage in the medical use of marijuana and the person's
designated primary caregiver, as applicable, shall apply for an
identification card pursuant to the provisions of this article.
(b) A person who seeks an
identification card shall pay the fee, as provided in Section
11362.755, and provide all of the following to the county health
department or the county's designee on a form developed and provided
by the department:
(1) The name of the person, and proof of his or her residency
within the county.
(2) Written documentation by the attending physician in the person'
s medical records stating that the person has been diagnosed with a
serious medical condition and that the medical use of marijuana is
appropriate.
(3) The name, office address, office telephone number, and
California medical license number of the person's attending
physician.
(4) The name and the duties of the primary caregiver.
(5) A government-issued photo identification card of the person
and of the designated primary caregiver, if any. If the applicant is
a person under 18 years of age, a certified copy of a birth
certificate shall be deemed sufficient proof of identity.
(6) A statement regarding whether the person applying for the
identification card intends to cultivate, or to have cultivated on
his or her behalf, medical marijuana and, if so, the physical address
of the location where the medical marijuana will be cultivated.
(b)
(c) If the person applying for an identification card
lacks the capacity to make medical decisions, the application may be
made by the person's legal representative, including, but not limited
to, any of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for
health care or surrogate decisionmaker authorized under another
advanced health care directive.
(3) Any other individual authorized by statutory or decisional law
to make medical decisions for the person.
(4) A statement regarding whether the person applying for the
identification card intends to cultivate, or to have cultivated on
his or her behalf, medical marijuana and, if so, the physical address
of the location where the medical marijuana will be cultivated.
(c)
(d) The legal representative described in subdivision
(b) (c) may also designate in the
application an individual, including himself or herself, to serve as
a primary caregiver for the person, provided that the individual
meets the definition of a primary caregiver.
(d)
(e) The person or legal representative submitting the
written information and documentation described in subdivision
(a) (b) shall retain a copy thereof.
SEC. 3. Section 11362.735 of the Health and Safety Code is amended
to read:
11362.735. (a) An identification card issued by the county
health department shall be serially numbered and shall contain all of
the following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department
or the county's designee that has approved the application.
(4) A 24-hour, toll-free telephone number, to be maintained by the
department, that will enable state and local law enforcement
officers to have immediate access to information necessary to verify
the validity of the card.
(5) Photo identification of the cardholder.
(6) Information indicating whether the cardholder applied to
cultivate, or have cultivated on his or her behalf, medical
marijuana, as applicable.
(b) A separate identification card shall be issued to the person's
designated primary caregiver, if any, and shall include a photo
identification of the caregiver.
SEC. 4. Section 11362.776 is added to the Health and Safety Code,
to read:
11362.776. Notwithstanding any other law, a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that possesses, cultivates, or distributes medical marijuana
and that has a storefront or mobile retail outlet shall have
available at all times a copy of the identification card for each
person to whom medical marijuana is provided.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.