SB 643, as amended, McGuire. Medical marijuana.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the voters at the November 6, 1996, statewide general election, authorizes the use of marijuana for medical purposes. Existing law enacted by the Legislature, commonly referred to as the Medical Marijuana Program Act, 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.end delete
This bill would express the Legislature’s intent to enact legislation that would, among other things, reaffirm and clarify aspects of the Medical Marijuana Program Act, regulate the cultivation of medical marijuana, and authorize and appropriate adequate funding for the Board of Equalization to undertake a study, as specified, in order to make recommendations on the best way to levy and collect fees to regulate the cultivation and sale of medical marijuana.end delete
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The people of the State of California do enact as follows:
(a) In order to ensure that its resources are maximized
39for the protection of the public, the Medical Board of California
40shall prioritize its investigative and prosecutorial resources to
P8 1ensure that physicians and surgeons representing the greatest threat
2of harm are identified and disciplined expeditiously. Cases
3involving any of the following allegations shall be handled on a
4priority basis, as follows, with the highest priority being given to
5cases in the first paragraph:
6(1) Gross negligence, incompetence, or repeated negligent acts
7that involve death or serious bodily injury to one or more patients,
8such that the physician and surgeon represents a danger to the
10(2) Drug or alcohol abuse by a physician and surgeon involving
11death or serious bodily injury to a patient.
12(3) Repeated acts of clearly excessive prescribing, furnishing,
13or administering of controlled substances, or repeated acts of
14prescribing, dispensing, or furnishing of controlled
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15 without a good faith prior examination of the patient
17and medical reason therefor. However, in no event shall a physician
18and surgeon prescribing, furnishing, or administering controlled
19substances for intractable pain consistent with lawful prescribing,
20including, but not limited to, Sections 725, 2241.5, and 2241.6 of
21this code and Sections 11159.2 and 124961 of the Health and
22Safety Code, be prosecuted for excessive prescribing and prompt
23review of the applicability of these provisions shall be made in
24any complaint that may implicate these provisions.
25(4) Sexual misconduct with one or more patients during a course
26of treatment or an examination.
27(5) Practicing medicine while under the influence of drugs or
29(b) The board may by regulation prioritize cases involving an
30allegation of conduct that is not described in subdivision (a). Those
31cases prioritized by regulation shall not be assigned a priority equal
32to or higher than the priorities established in subdivision (a).
33(c) The Medical Board of California shall indicate in its annual
34report mandated by Section 2312 the number of temporary
35restraining orders, interim suspension orders, and disciplinary
36actions that are taken in each priority category specified in
37subdivisions (a) and (b).
Qualified patients, persons with valid
39identification cards, and the designated primary caregivers of
40qualified patients and persons with identification cards, who
begin delete associate within the State of California in order collectively or cultivate marijuana for medical purposes, shall
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3not solely on the basis of that fact be subject to state criminal
4sanctions under Section 11357, 11358, 11359, 11360, 11366,
511366.5, or 11570.
It is the intent of the Legislature to enact
20legislation that would do all of the following:
21(1) Protect the residents of California, private property, public
22lands, and waterways from trespass cultivation of medical
24(2) Reaffirm and clarify aspects of the Medical Marijuana
26(3) Regulate the cultivation of medical marijuana and authorize
27the collection of fees.
28(4) Authorize and appropriate adequate funding for the Board
29of Equalization to undertake a study of the results of legislation
30recently passed in Colorado and the State of Washington in order
31to make recommendations on the best way to levy and collect fees
32to regulate the cultivation and sale of medical marijuana.
33(5) Authorize the creation of appellations of origin for medical
34marijuana cultivated in California.