BILL NUMBER: SB 1182	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 22, 2012

   An act to amend Section  11362.5   11362.765
 of the Health and Safety Code, relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1182, as amended, Leno. Medical marijuana.
   Existing law, the Compassionate Use Act of 1996, provides that a
patient or a patient's primary caregiver who possesses or cultivates
marijuana for personal medical purposes of the patient upon the
written or oral recommendation or approval of a physician is not
subject to conviction for offenses relating to possession and
cultivation of marijuana. 
   Existing law also makes it a crime to possess for sale, plant,
cultivate, harvest, dry process, transport, import into this state,
sell, furnish, administer, or give away, to offer to transport,
import into this state, sell, furnish, administer, or give away, or
to attempt to import into this state or transport, any marijuana.
Existing law makes it a felony or misdemeanor to open or maintain any
place for the purpose of unlawfully selling, giving away, or using,
or to knowingly rent, lease, or make available for use a building,
room, space, or enclosure for the purpose of unlawfully
manufacturing, storing, or distributing any controlled substance for
sale or distribution. Existing law further provides that every
building or place used for the purpose of unlawfully selling,
serving, storing, keeping, manufacturing, or giving away any
controlled substance, and every building or place wherein or upon
which those acts take place, is a nuisance which shall be enjoined,
abated, and prevented, and for which damages may be recovered. 

   Existing law requires the Attorney General to develop and adopt
appropriate guidelines to ensure the security and nondiversion of
marijuana grown for medical use by patients qualified under the
Compassionate Use Act of 1996, and the Attorney General has published
guidelines regarding collectives and cooperatives organized and
operated to cultivate and distribute marijuana for medical purposes.
 
   This bill would exempt from the criminal acts and abatement of
nuisance provisions described above collectives, cooperatives, and
other business entities that are organized and operated in compliance
with the guidelines published by the Attorney General, and the
officers, members, and employees of those collectives, cooperatives,
and other business entities. The bill would also exempt those
entities and persons from criminal prosecution or punishment solely
on the basis of the fact that they receive compensation for actual
expenses incurred in carrying out activities that are in compliance
with those guidelines.  
   Existing law sets forth findings and declarations describing the
purposes of the act, including to ensure that seriously ill
Californians have the right to obtain and to use marijuana for
medical purposes where that medical use is deemed appropriate and has
been recommended by a physician who has determined that the person's
health would benefit from the use of marijuana in the treatment of
cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma,
arthritis, migraine, or any other illness for which marijuana
provides relief.  
   This bill would make a 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 11362.765 of the
  Health and Safety Code  is amended to read: 

   11362.765.  (a) Subject to the requirements of this article, the
individuals specified in subdivision (b) shall not be subject, on
that sole basis, to criminal liability under Section 11357, 11358,
11359, 11360, 11366, 11366.5, or 11570. However, nothing in this
section shall authorize the individual to smoke or otherwise consume
marijuana unless otherwise authorized by this article, nor shall
anything in this section authorize any individual or group to
cultivate or distribute marijuana for profit.
   (b) Subdivision (a) shall apply to all of the following:
   (1) A qualified patient or a person with an identification card
who transports or processes marijuana for his or her own personal
medical use.
   (2) A designated primary caregiver who transports, processes,
administers, delivers, or gives away marijuana for medical purposes,
in amounts not exceeding those established in subdivision (a) of
Section 11362.77, only to the qualified patient of the primary
caregiver, or to the person with an identification card who has
designated the individual as a primary caregiver.
   (3) Any individual who provides assistance to a qualified patient
or a person with an identification card, or his or her designated
primary caregiver, in administering medical marijuana to the
qualified patient or person or acquiring the skills necessary to
cultivate or administer marijuana for medical purposes to the
qualified patient or person. 
   (4) Collectives, cooperatives, and other business entities that
are organized and operated in compliance with paragraphs A and B of
Section IV of the Guidelines For The Security And Non-Diversion Of
Marijuana Grown For Medical Use issued by the Attorney General in
August 2008, pursuant to Section 11362.81, and the officers, members,
and employees of those collectives, cooperatives, and other business
entities.  
   (c) Collectives, cooperatives, and other business entities that
are organized and operated in compliance with paragraphs A and B of
Section IV of the Guidelines For The Security And Non-Diversion Of
Marijuana Grown for Medical Use issued by the Attorney General in
August 2008, pursuant to Section 11362.81, and the officers, members,
and employees of those collectives, cooperatives, and other business
entities, who receive compensation for actual expenses incurred in
carrying out activities that are in compliance with those guidelines,
including reasonable compensation incurred for services provided to
the members or the organization, shall not be subject to prosecution
or punishment under Section 11359 or 11360 solely on the basis of the
fact that those entities or persons receive compensation as
described in this subdivision.  
   (c) 
    (d)  A primary caregiver who receives compensation for
actual expenses, including reasonable compensation incurred for
services provided to an eligible qualified patient or person with an
identification card to enable that person to use marijuana under this
article, or for payment for out-of-pocket expenses incurred in
providing those services, or both, shall not, on the sole basis of
that fact, be subject to prosecution or punishment under Section
11359 or 11360. 
  SECTION 1.    Section 11362.5 of the Health and
Safety Code is amended to read:
   11362.5.  (a) This section shall be known and may be cited as the
Compassionate Use Act of 1996.
   (b) (1) The people of the State of California hereby find and
declare that the purposes of the Compassionate Use Act of 1996 are as
follows:
   (A) To ensure that seriously ill Californians have the right to
obtain and to use marijuana for medical purposes where that medical
use is deemed appropriate and has been recommended by a physician who
has determined that the person's health would benefit from the use
of marijuana in the treatment of cancer, anorexia, AIDS, chronic
pain, spasticity, glaucoma, arthritis, migraine, or any other illness
for which marijuana provides relief.
   (B) To ensure that patients and their primary caregivers who
obtain and use marijuana for medical purposes upon the recommendation
of a physician are not subject to criminal prosecution or sanction.
   (C) To encourage the federal and state governments to implement a
plan to provide for the safe and affordable distribution of marijuana
to all patients in medical need of marijuana.
   (2) Nothing in this section shall be construed to supersede
legislation prohibiting persons from engaging in conduct that
endangers others, nor to condone the diversion of marijuana for
nonmedical purposes.
   (c) Notwithstanding any other provision of law, no physician in
this state shall be punished, or denied any right or privilege, for
having recommended marijuana to a patient for medical purposes.
   (d) Section 11357, relating to the possession of marijuana, and
Section 11358, relating to the cultivation of marijuana, shall not
apply to a patient, or to 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.
   (e) For the purposes of this section, "primary caregiver" means
the individual designated by the person exempted under this section
who has consistently assumed responsibility for the housing, health,
or safety of that person.