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
voluntaryprogram for the issuance of identification cards to qualified patients who satisfy the requirements of this article and voluntarilyapply 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) NoA 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.