SB 1262, as amended, Correa. Medical marijuana: regulation of physicians, dispensaries, and cultivation sites.
(1) Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature requires the establishment of a program for the issuance of identification cards to qualified patients so that they may lawfully use marijuana for medical purposes, and requires the establishment of guidelines for the lawful cultivation of marijuana grown for medical use.
This bill would require the State Department of Public Health to license dispensing facilities and cultivation sites that provide, process, and grow marijuana for medical use, as specified, and would make these licenses subject to the restrictions of the local jurisdiction in which the facility operates or proposes to operate.
begin delete The bill would require the department to establish standards for quality assurance testing of medical marijuana and would prohibit the use of nonorganic pesticides in any marijuana cultivation site.end delete The bill would require licensed dispensing facilities and licensed cultivation sites to implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing marijuana and theft of marijuana at those facilities, including establishing limited access areas accessible only to authorized facility personnel, and would require these facilities to notify appropriate law enforcement authorities within 24 hours after discovering specified breaches in security. begin delete The bill would require licensed dispensing facilities to verify that the recommending physician and surgeon is licensed to practice medicine in California before providing a marijuana product to a
patient.end delete This bill would prohibit the distribution of any form of advertising for physician recommendations for medical marijuana unless the advertisement bears a specified notice and requires that the advertisement meet specified requirements and not be fraudulent, deceitful, or misleading, as specified. begin delete The bill would make enforcement of these provisions the responsibility of the county health departments, with oversight by the department.end delete Violation of these provisions would be punishable by a civil fine of up to $35,000 for each individual violation. begin delete By expanding the duties of local health officers, this bill would impose a state-mandated local program.end delete
(2) Existing law, the Medical Practice Act, provides for licensure and regulation of physicians and surgeons by the Medical Board of California.
This bill would establish requirements for a physician and surgeon to recommend medical marijuana, including prescribed procedural and recordkeeping requirements, and would require a recommendation for medical marijuana for a person under 21 years of age to include a specific justification for the recommendation and why the benefit of use is more important than the possible neurological damage that could be caused by the person using marijuana and to be approved by a board certified pediatrician.end delete
This bill would require the
begin delete board, by January 1, 2016, to convene a task force of experts in the use of medical marijuana to review and update, as necessary,end delete guidelines for begin delete recommending medicalend delete marijuana begin delete, as specifiedend delete. begin deleteViolation of these provisions would be punishable by a civil fine not to exceed $5,000. The bill would make the recommendation of medical marijuana without a prior examination and medical indication and recommendation of medical marijuana for nonmedical purposes unprofessional conduct, to be punished as provided. end deleteThe bill would also make it a misdemeanor for a physician and surgeon who recommends marijuana to a patient for a medical purpose to accept, solicit, or offer any remuneration from or to a licensed dispensing facility in which the physician and surgeon or his or her immediate family has a financial interest. By creating a new crime, this bill would impose a state-mandated local program.
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.end delete
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.end delete
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.end delete
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the
3(a) The California Constitution grants cities and counties the
4authority to make and enforce, within their borders, “all local
5police, sanitary, and other ordinances and regulations not in conflict
6with the general laws.” This inherent local police power includes
7broad authority to determine, for purposes of public health, safety,
8and welfare, the appropriate uses of land within the local
9jurisdiction’s borders. The police power, therefore, allows each
10city and county to determine whether or not a medical marijuana
11dispensary or other facility that makes medical marijuana available
12may operate within its borders. This authority has been upheld by
P4 1City of Riverside v. Inland Empire Patients Health & Wellness,
2Inc. (2013) 56 Cal.4th 729 and County of Los Angeles v. Hill
3(2011) 192 Cal.App.4th 861.
4(b) If, pursuant to this authority, a city or county determines
5that a dispensary or other facility that makes medical marijuana
6available may operate within its borders, then there is a need for
7the state to license these dispensaries and other facilities for the
8purpose of adopting and enforcing protocols for training and
9certification of physicians who recommend the use of medical
10marijuana and for agricultural cultivation practices. This licensing
11requirement is not intended in any way nor shall it be construed
12to preempt local ordinances regarding the sale and use of medical
13marijuana, including, but not limited to, security, signage, lighting,
15(c) All of the following elements are necessary to uphold
16important state goals:
17(1) Strict provisions to prevent the potential diversion of
18marijuana for recreational use.
19(2) Audits to accurately track the volume of both product
20movement and sales.
21(3) An effective means of restricting access to medical marijuana
22by persons under 21 years of age.
23(d) Nothing in this act shall be construed to promote or facilitate
24the nonmedical, recreational possession, sale, or use of marijuana.
Article 25 (commencing with Section 2525) is added
26to Chapter 5 of Division 2 of the Business and Professions Code,
(a) Prior to recommending marijuana to a patient
32pursuant to Article 2.5 (commencing with Section 11362.7) of
33Chapter 6 of Division 10 of the Health and Safety Code, a
34physician and surgeon shall meet all of the following requirements:
35(1) Have a doctor-patient relationship.
36(2) Conduct an appropriate prior examination of the patient to
37establish that medical use of marijuana is appropriate.
38(3) Consult with the patient as necessary and periodically review
39the treatment’s efficacy.
P5 1(b) A physician and surgeon that recommends medical marijuana
2shall do all of the following:
3(1) Include a discussion of side effects.
4(2) Address, in the recommendation, what kind of marijuana to
5obtain, including high tetrahydrocannabinol (THC) levels, low
6THC levels, high cannabidiol (CBD) levels, low CBD levels, and
7explain the reason for recommending the particular strain. Under
8no circumstances shall a physician and surgeon recommend butane
10(3) Maintain a system of recordkeeping that supports the
11decision to recommend the use of medical marijuana for individual
13(c) A recommendation for medical marijuana provided to a
14 person under 21 years of age shall be approved by a board certified
15pediatrician. A recommendation for a person under 21 years of
16age shall be for high CBD marijuana and all recommendations for
17persons under 21 years of age shall be for nonsmoking delivery.
(a) It is unlawful for a physician and surgeon who
20recommends marijuana to a patient for a medical purpose to accept,
21solicit, or offer any form of remuneration from or to a facility
22licensed pursuant to Article 7 (commencing with Section 111657)
23of Chapter 6 of Part 5 of Division 104 of the Health and Safety
24Code if the physician and surgeon or his or her immediate family
25have a financial interest in that facility.
26(b) For the purposes of this section, “financial interest” shall
27have the same meaning as in Section 650.01.
28(c) A violation of this section shall be a misdemeanor.
The board, by January 1, 2016, shall convene a task
35force of experts in the use of medical marijuana to review and
36update, as necessary, guidelines for recommending medical
37marijuana to ensure competent review in cases concerning the
38recommendation of marijuana for medical purposes.
(a) In addition to all other remedies available pursuant
2to this chapter, violation of any provision of this article shall be
3punishable by a civil fine of up to five thousand dollars ($5,000).
4(b) Recommending marijuana to a patient for a medical purpose
5without an appropriate prior examination and a medical indication,
6or recommending marijuana for a nonmedical purpose shall
7constitute unprofessional conduct and may be punished pursuant
8 to Article 12 (commencing with Section 2220).
Article 7 (commencing with Section 111657) is added
10to Chapter 6 of Part 5 of Division 104 of the Health and Safety
11Code, to read:
For purposes of this article, the following definitions
17(a) “Department” means the State Department of Public Health.
18(b) “Licensed cultivation site” means a facility that grows or
19grows and processes marijuana for medical use and that is licensed
20pursuant to Section 111657.1.
21(c) “Licensed dispensing facility” means a dispensary, mobile
22dispensary, marijuana processing facility, or other facility that
23provides marijuana for medical use that is licensed pursuant to
(a) Except as provided in Section 11362.5 of, and
26Article 2.5 (commencing with Section 11362.7) of Chapter 6 of
27Division 10 of, the Health and Safety Code, a person shall not sell
28or provide marijuana other than at a licensed dispensing facility.
29(b) Except as provided in Section 11362.5 of, and Article 2.5
30(commencing with Section 11362.7) of Chapter 6 of Division 10
31of, the Health and Safety Code, a person shall not grow or process
32marijuana other than at a licensed cultivation site.
33(c) The department shall require, prior to issuing a license to a
34dispensing facility or a cultivation site, all of the following:
35(1) The name of the owner or owners of the proposed facility.
36(2) The address and telephone number of the proposed facility.
37(3) A description of the scope of business of the proposed
39(4) A certified copy of the local jurisdiction’s approval to operate
40within its borders.
P7 1(5) A completed application, as required by the department.
2(6) Payment of a fee, in an amount to be determined by the
3department not to exceed the amount necessary, but that is
4sufficient to cover, the actual costs of the administration of this
6 24(7)end delete
29 Any other information as required by the department.
The department shall, after consulting with outside
31entities as needed, establish standards for quality assurance testing
32of medical marijuana, to ensure protection against microbiological
33contaminants. Nonorganic pesticides shall not be used in any
34marijuana cultivation site, irrespective of size or location.
(a) A licensed dispensing facility shall not acquire,
37possess, cultivate, deliver, transfer, transport, or dispense marijuana
38for any purpose other than those authorized by Article 2.5
39(commencing with Section 11362.7) of Chapter 6 of Division 10.
P8 1(b) A licensed dispensing facility shall not acquire marijuana
2plants or products except through the cultivation of marijuana by
3that facility, if the facility is a licensed cultivation site, or another
4licensed cultivation site.
A licensed dispensing facility shall not provide a
6marijuana product to a patient until it verifies that the
7recommending physician and surgeon is licensed to practice
8medicine in California.
(a) A person shall not distribute any form of
11advertising for physician recommendations for medical marijuana
12in California unless the advertisement bears the following notice
15NOTICE TO CONSUMERS: The Compassionate Use Act of
161996 ensures that seriously ill Californians have the right to obtain
17and use marijuana for medical purposes where medical use is
18deemed appropriate and has been recommended by a physician
19who has determined that the person’s health would benefit from
20the use of marijuana. Physicians are licensed and regulated by the
21Medical Board of California and arrive at the decision to make
22this recommendation in accordance with accepted standards of
begin delete California law
prohibits advertising that
24includes statements of bait, discount, premiums, gifts, or any
25statements of a similar nature.end delete
27(b) Advertising for physician recommendations for medical
28marijuana shall meet all requirements of Section 651 of the
29Business and Professions Code. Price advertising shall not be
30fraudulent, deceitful, or misleading, including statements or
31advertisements of bait, discount, premiums, gifts, or statements of
32a similar nature.
(a) A facility licensed pursuant to this article shall
35implement sufficient security measures to both deter and prevent
36unauthorized entrance into areas containing marijuana and theft
37of marijuana at those facilities. These security measures shall
38include, but not be limited to, all of the following:
P9 1(1) Allow only
begin delete registeredend delete qualifying patients, begin delete personal caregiversend delete
2, and facility agents access to the
4(2) Prevent individuals from remaining on the premises of the
5facility if they are not engaging in activity expressly related to the
6operations of the facility.
7(3) Establish limited access areas accessible only to authorized
9(4) Store all finished marijuana in a secure, locked safe or vault
10and in a manner as to prevent diversion, theft, and loss.
11(b) A facility licensed pursuant to this article shall notify
12appropriate law enforcement authorities within 24 hours after
13discovering any of the following:
14(1) Discrepancies identified during inventory.
15(2) Diversion, theft, loss, or any criminal activity involving the
16facility or a facility agent.
17(3) The loss or unauthorized alteration of records related to
18marijuana, registered qualifying patients, personal caregivers, or
20(4) Any other breach of security.
21(c) A licensed cultivation site shall weigh, inventory, and
22account for on video, all medical marijuana to be transported prior
23to its leaving its origination location. Within eight hours after
24arrival at the destination, the licensed dispensing facility shall
25re-weigh, re-inventory, and account for on video, all transported
(a) Enforcement of this article shall be the
28responsibility of the county health departments, with oversight by
30(b) An enforcement officer may enter a facility licensed pursuant
31to this article during the facility’s hours of operation and other
32reasonable times to do either of the following:
33(1) Conduct inspections, issue citations, and secure samples,
34photographs, or other evidence from the facility, or a facility
35suspected of being a dispensing facility or cultivation site.
36(2) Secure as evidence documents, or copies of documents,
37including inventories required pursuant to subdivision (c) of
38 Section 111657.6, or any record, file, paper, process, invoice,
39video, or receipt for the purpose of determining compliance with
P10 1(c) A written report shall be made and a copy shall be supplied
2or mailed to the owner of the facility at the completion of an
3inspection or investigation.
4(d) Upon request by the department, local governments shall
5provide the department with reports on the number and types of
6facilities operating within their jurisdiction.
In addition to the provisions of this article, a license
9granted pursuant to this article shall be subject to the restrictions
10of the local jurisdiction in which the facility operates or proposes
11to operate. Even if a license has been granted pursuant to this
12article, a facility shall not operate in a local jurisdiction that
13prohibits the establishment of that type of business.
Violation of this
begin delete provisionend delete shall be punishable
16by a civil fine of up to thirty-five thousand dollars ($35,000) for
17each individual violation.
Nothing in this article shall prevent a city or other
19local governing body from doing any of the following:
20(a) Adopting and enforcing local ordinances that regulate the
21location, operation, or establishment of medical marijuana
22cooperatives or collectives.
23(b) The civil and criminal enforcement of local ordinances
24described in subdivision (a).
25(c) Enacting other laws consistent with this article.
No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution for certain
31costs that may be incurred by a local agency or school district
32because, in that regard, this act creates a new crime or infraction,
33eliminates a crime or infraction, or changes the penalty for a crime
34or infraction, within the meaning of Section 17556 of the
35Government Code, or changes the definition of a crime within the
36meaning of Section 6 of Article XIII B of the California
38However, if the Commission on State Mandates determines that
39this act contains other costs mandated by the state, reimbursement
40to local agencies and school districts for those costs shall be made
P11 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.