SB 439, as amended, 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.end delete
This bill would make a technical, nonsubstantive change to these provisions.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
(a) Subject to the requirements of this article, the
4individuals specified in subdivision (b) shall not be subject, on
5that sole basis, to criminal liability under Section 11357, 11358,
611359, 11360, 11366, 11366.5, or 11570. However, nothing in
7this section shall authorize the individual to smoke or otherwise
8consume marijuana unless otherwise authorized by this article,
9nor shall anything in this section authorize any individual or group
10to cultivate or distribute marijuana for profit.
11(b) Subdivision (a) shall apply to all of the following:
P3 1(1) A qualified patient or a person with an identification card
2who transports or processes marijuana for his or her own personal
4(2) A designated primary caregiver who transports, processes,
5administers, delivers, or gives away marijuana for medical
6purposes, in amounts not exceeding those established in subdivision
7(a) of Section 11362.77, only to the qualified patient of the primary
8caregiver, or to the person with an identification card who has
9designated the individual as a primary caregiver.
10(3) Any individual who provides assistance to a qualified patient
11or a person with an identification card, or his or her designated
12primary caregiver, in administering medical marijuana to the
13qualified patient or person or acquiring the skills necessary to
14cultivate or administer marijuana for medical purposes to the
15qualified patient or person.
26 A primary caregiver who receives compensation for actual
27expenses, including reasonable compensation incurred for services
28provided to an eligible qualified patient or person with an
29identification card to enable that person to use marijuana under
30this article, or for payment for out-of-pocket expenses incurred in
31providing those services, or both, shall not, on the sole basis of
32that fact, be subject to prosecution or punishment under Section
3311359 or 11360.
Section 11362.7 of the Health and Safety Code
8 is amended to read:
For purposes of this article, the following definitions
11(a) “Attending physician” means an individual who possesses
12a license in good standing to practice medicine or osteopathy issued
13by the Medical Board of California or the Osteopathic Medical
14Board of California and who has taken responsibility for an aspect
15of the medical care, treatment, diagnosis, counseling, or referral
16of a patient and who has conducted a medical examination of that
17patient before recording in the patient’s medical record the
18physician’s assessment of whether the patient has a serious medical
19condition and whether the medical use of marijuana is appropriate.
20(b) “Department” means the State Department of Public Health.
21(c) “Person with an identification card” means an individual
22who is a qualified patient who has applied for and received a valid
23identification card pursuant to this article.
24(d) “Primary caregiver” means the individual, designated by a
25qualified patient or by a person with an identification card, who
26has consistently assumed responsibility for the housing, health, or
27safety of that patient or person, and may include any of the
29(1) In any case in which a qualified patient or person with an
30identification card receives medical care or supportive services,
31or both, from a clinic licensed pursuant to Chapter 1 (commencing
32with Section 1200) of Division 2, a health care facility licensed
33pursuant to Chapter 2 (commencing with Section 1250) of Division
342, a residential care facility for persons with chronic life-threatening
35illness licensed pursuant to Chapter 3.01 (commencing with Section
361568.01) of Division 2, a residential care facility for the elderly
37licensed pursuant to Chapter 3.2 (commencing with Section 1569)
38of Division 2, a hospice, or a home health agency licensed pursuant
39to Chapter 8 (commencing with Section 1725) of Division 2, the
40owner or operator, or no more than three employees who are
P5 1designated by the owner or operator, of the clinic, facility, hospice,
2or home health agency, if designated as a primary caregiver by
3that qualified patient or person with an identification card.
4(2) An individual who has been designated as a primary
5caregiver by more than one qualified patient or person with an
6 identification card, if every qualified patient or person with an
7identification card who has designated that individual as a primary
8caregiver resides in the same city or county as the primary
10(3) An individual who has been designated as a primary
11caregiver by a qualified patient or person with an identification
12card who resides in a city or county other than that of the primary
13caregiver, if the individual has not been designated as a primary
14caregiver by any other qualified patient or person with an
16(e) A primary caregiver shall be at least 18 years of age, unless
17the primary caregiver is the parent of a minor child who is a
18qualified patient or a person with an identification card or the
19primary caregiver is a person otherwise entitled to make medical
20decisions under state law pursuant to Sections 6922, 7002, 7050,
21or 7120 of the Family Code.
22(f) “Qualified patient” means a person who is entitled to the
23protections of Section 11362.5, but who does not have an
24identification card issued pursuant to this article.
25(g) “Identification card” means a document issued by the State
26Department of Health Services that document identifies a person
27authorized to engage in the medical use of marijuana and the
28person’s designated primary caregiver, if any.
29(h) “Serious medical condition” means all of the following
31(1) Acquired immune deficiency syndrome (AIDS).
36(6) Chronic pain.
39(9) Persistent muscle spasms, including, but not limited to,
40spasms associated with multiple sclerosis.
P6 1(10) Seizures, including, but not limited to, seizures associated
3(11) Severe nausea.
4(12) Any other chronic or persistent medical symptom that
6(A) Substantially limits the ability of the person to conduct one
7 or more major life activities as defined in the Americans with
8Disabilities Act of 1990 (Public Law 101-336).
9(B) If not alleviated, may cause serious harm to the patient’s
10safety or physical or mental health.
11(i) “Written documentation” means accurate reproductions of
12those portions of a patient’s medical records that have been created
13by the attending physician, that contain the information required
14by paragraph (2) of subdivision (a) of Section 11362.715, and that
15the patient may submit to a county health department or the
16county’s designee as part of an application for an identification