SB 439, as introduced, Steinberg. Medical marijuana.
Existing law, the Compassionate Use Act of 1996, prohibits any physician from being punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes. The act prohibits the provisions of law making unlawful the possession or cultivation of marijuana from applying 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.
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 11362.7 of the Health and Safety Code
2 is amended to read:
For purposes of this article, the following definitions
4shall apply:
5(a) “Attending physician” means an individual who possesses
6a license in good standing to practice medicine or osteopathy issued
7by the Medical Board of California or the Osteopathic Medical
P2 1Board of California and who has taken responsibility for an aspect
2of the medical care, treatment, diagnosis, counseling, or referral
3of a patient and who has conducted a medical examination of that
4patient before recording in the patient’s medical record the
5physician’s assessment of whether the patient has a serious medical
6condition and whether the medical use of marijuana is appropriate.
7(b) “Department” means the State
Department ofbegin insert Publicend insert Health
8begin delete Servicesend delete.
9(c) “Person with an identification card” means an individual
10who is a qualified patient who has applied for and received a valid
11identification card pursuant to this article.
12(d) “Primary caregiver” means the individual, designated by a
13qualified patient or by a person with an identification card, who
14has consistently assumed responsibility for the housing, health, or
15safety of that patient or person, and may include any of the
16following:
17(1) In any case in which a qualified patient or person with an
18identification card receives medical care or supportive services,
19or both, from a clinic
licensed pursuant to Chapter 1 (commencing
20with Section 1200) of Division 2, a health care facility licensed
21pursuant to Chapter 2 (commencing with Section 1250) of Division
222, a residential care facility for persons with chronic life-threatening
23illness licensed pursuant to Chapter 3.01 (commencing with Section
241568.01) of Division 2, a residential care facility for the elderly
25licensed pursuant to Chapter 3.2 (commencing with Section 1569)
26of Division 2, a hospice, or a home health agency licensed pursuant
27to Chapter 8 (commencing with Section 1725) of Division 2, the
28owner or operator, or no more than three employees who are
29designated by the owner or operator, of the clinic, facility, hospice,
30or home health agency, if designated as a primary caregiver by
31that qualified patient or person with an identification card.
32(2) An individual who has been designated as a primary
33caregiver by more than one qualified patient or person with an
34
identification card, if every qualified patient or person with an
35identification card who has designated that individual as a primary
36caregiver resides in the same city or county as the primary
37caregiver.
38(3) An individual who has been designated as a primary
39caregiver by a qualified patient or person with an identification
40card who resides in a city or county other than that of the primary
P3 1caregiver, if the individual has not been designated as a primary
2caregiver by any other qualified patient or person with an
3identification card.
4(e) A primary caregiver shall be at least 18 years of age, unless
5the primary caregiver is the parent of a minor child who is a
6qualified patient or a person with an identification card or the
7primary caregiver is a person otherwise entitled to make medical
8decisions under state law pursuant to Sections 6922, 7002, 7050,
9or 7120 of the Family
Code.
10(f) “Qualified patient” means a person who is entitled to the
11protections of Section 11362.5, but who does not have an
12identification card issued pursuant to this article.
13(g) “Identification card” means a document issued by the State
14Department of Health Services that document identifies a person
15authorized to engage in the medical use of marijuana and the
16person’s designated primary caregiver, if any.
17(h) “Serious medical condition” means all of the following
18medical conditions:
19(1) Acquired immune deficiency syndrome (AIDS).
20(2) Anorexia.
21(3) Arthritis.
22(4) Cachexia.
23(5) Cancer.
24(6) Chronic pain.
25(7) Glaucoma.
26(8) Migraine.
27(9) Persistent muscle spasms, including, but not limited to,
28spasms associated with multiple sclerosis.
29(10) Seizures, including, but not limited to, seizures associated
30with epilepsy.
31(11) Severe nausea.
32(12) Any other chronic or persistent medical symptom that
33either:
34(A) Substantially limits the ability of the person to conduct one
35
or more major life activities as defined in the Americans with
36Disabilities Act of 1990 (Public Law 101-336).
37(B) If not alleviated, may cause serious harm to the patient’s
38safety or physical or mental health.
39(i) “Written documentation” means accurate reproductions of
40those portions of a patient’s medical records that have been created
P4 1by the attending physician, that contain the information required
2by paragraph (2) of subdivision (a) of Section 11362.715, and that
3the patient may submit to a county health department or the
4county’s designee as part of an application for an identification
5card.
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