BILL NUMBER: SB 1182	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 22, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1182, as introduced, 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 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 11362.5 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.