BILL NUMBER: SB 848 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 8, 1999
INTRODUCED BY Senator Vasconcellos
FEBRUARY 25, 1999
An act to add Section 11362.7 to Article
2.5 (commencing with Section 11362.7) to Chapter 6 of Division 10 of
the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 848, as amended, Vasconcellos. Medicinal 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 care giver, who possesses or cultivates marijuana for the
personal medical purposes of the patient upon the written or oral
recommendation or approval of a physician. Existing law
establishes a Research Advisory Panel to study and approve research
projects concerning marijuana or hallucinogenic drugs.
This bill would require the state to develop and implement a plan
for the safe and affordable distribution of medicinal marijuana.
This bill would require the State Department of Health Services to
establish and maintain a voluntary program for the issuance of
registry identification cards to qualified patients and would
establish procedures under which a qualified patient with a registry
identification card may use marijuana for medical purposes.
The bill would impose various duties upon county welfare
departments relating to the issuance of registry identification
cards, thus creating a state-mandated local program.
The bill would create various crimes related to the registry
identification card program, thus imposing 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) On November 6, 1996, the People of the State of California
enacted the Compassionate Use Act of 1996 (hereafter the act),
codified in Section 11362.5 of the Health and Safety Code, in order
to allow seriously ill residents of the State, who have the oral or
written approval or recommendation of a physician, to use marijuana
for medical purposes without fear of criminal liability under
Sections 11357 and 11358 of the Health and Safety Code.
(2) However, reports from across the state have revealed problems
and uncertainties in the act that have impeded the ability of law
enforcement officers to enforce its provisions as the voters intended
and, therefore, have prevented qualified patients and designated
primary caregivers from obtaining the protections afforded by the
Act.
(3) Furthermore, the enactment of this law, as well as other
recent legislation dealing with pain control, demonstrates that more
information is needed to assess the number of individuals across the
state who are suffering from serious medical conditions that are not
being adequately alleviated through the use of conventional
medications.
(4) In addition, the act called upon the state and the federal
government to develop a plan for the safe and affordable distribution
of marijuana to all patients in medical need thereof.
(b) It is the intent of the Legislature, therefore, to do all of
the following:
(1) Clarify the scope of the application of the act and facilitate
the prompt identification of qualified patients and their designated
primary caregivers in order to avoid unnecessary arrest and
prosecution of these individuals and provide needed guidance to law
enforcement officers.
(2) Promote uniform and consistent application of the act among
the counties within the state.
(3) Collect data to ascertain the extent of serious medical
conditions that are not being adequately relieved in order to plan
for future research and resource allocation.
(4) Enhance the access of patients and caregivers to medical
marijuana through collective, cooperative cultivation projects.
(c) It is also the intent of the Legislature to address additional
issues that were not included within the act, and that must be
resolved in order to promote the fair and orderly implementation of
the act.
(d) The Legislature further finds and declares both of the
following:
(1) A state registry identification card program will further the
goals outlined in this section.
(2) With respect to individuals, the registry identification
system established pursuant to this act must be wholly voluntary, and
a patient entitled to the protections of Section 11362.5 of the
Health and Safety Code need not possess a registry identification
card in order to claim the protections afforded by that section.
SEC. 2. Article 2.5 (commencing with Section 11362.7) is added to
Chapter 6 of Division 10 of the Health and Safety Code, to read:
Article 2.5. Medical Marijuana Program
11362.7. For purposes of this article, the following definitions
shall apply:
(a) "Attending physician" means any physician who has taken
responsibility for an aspect of the medical care, treatment,
diagnosis, counseling, or referral of a patient and who has conducted
a medical examination of that patient before recording in the
patient's medical record the physician's assessment of whether the
patient has a serious medical condition and whether the medical use
of marijuana is appropriate.
(b) "Department" means the State Department of Health Services.
(c) "Person with a registry identification card" means an
individual who is a qualified patient who has applied for and
received a valid registry identification card pursuant to this
article.
(d) "Physician" means an individual who possesses a license in
good standing to practice medicine or osteopathy issued by the
Medical Board of California or the Osteopathic Medical Board of
California.
(e) "Primary caregiver" means the individual, designated by a
qualified patient or by a person with a registry identification card,
who has consistently assumed responsibility for the housing, health,
or safety of that patient or person, and may include any of the
following:
(1) The owner or operator, or an employee of the owner or operator
of a clinic licensed pursuant to Chapter 1 (commencing with Section
1200) of Division 2, a health care facility licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2, a residential
care facility for persons with chronic life-threatening illness
licensed pursuant to Chapter 3.01 (commencing with Section 1568.01)
of Division 2, a residential care facility for the elderly licensed
pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2,
a hospice, or a home health agency licensed pursuant to Chapter 8
(commencing with Section 1725) of Division 2, and from which a
qualified patient or person with a registry identification card
receives medical care or supportive services, or both.
(2) An individual who has been designated as a primary caregiver
by one or more qualified patients or persons with a registry
identification card, or who has been designated as a primary
caregiver by only one qualified patient or person with a registry
identification card if the designated primary caregiver is in a city
or county other than that in which the qualified patient or person
with a registry identification card resides.
(3) A primary caregiver shall be at least 18 years of age, unless
the primary caregiver is the parent of a minor child who is a
qualified patient or a person with a registry identification card or
the primary caregiver is a person otherwise entitled to make medical
decisions under state law pursuant to Sections 6922, 7002, 7050, or
7120 of the Family Code.
(f) "Qualified patient" means a person who is entitled to the
protections of Section 11362.5, but who does not have a registry
identification card issued pursuant to this article.
(g) "Registry identification card" means a document issued by the
State Department of Health Services which identifies a person
authorized to engage in the medical use of marijuana and the person's
designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical
conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to,
spasms associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated
with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one
or more major life activities as defined in the Americans with
Disabilities Act of 1990 (Public Law 101-336).
(B) If not alleviated, may cause serious harm to the patient's
safety or physical or mental health.
(i) "Written documentation" means accurate reproductions of those
portions of a patient's medical records that have been created by the
attending physician, containing the information required by
paragraph (2) of subdivision (a) of Section 11362.715, which the
patient may submit to a county health department or its designee as
part of an application for a registry identification card.
11362.71. (a) The department shall establish and maintain a
voluntary program for the issuance of registry identification cards
to qualified patients who satisfy the requirements of this article
and voluntarily apply to the registry identification card program.
(b) Every county health department shall do all of the following:
(1) Provide applications upon request to individuals seeking to
join the registry identification card program.
(2) Receive and process completed applications in accordance with
Section 11362.72.
(3) Maintain records of registry identification card programs in
accordance with Section 11362.75.
(4) Utilize protocols developed by the department pursuant to
paragraph (2) of subdivision (d).
(c) The county health department may designate another
governmental or a nongovernmental entity or organization to perform
the functions described in subdivision (b), except for an entity or
organization that cultivates or distributes marijuana.
(d) The department shall develop both of the following:
(1) Protocols that shall be used by county health departments and
their designees to implement the responsibilities described in
subdivision (b), including, but not limited to, protocols to confirm
the accuracy of information contained in an application and to
protect the confidentiality of program records.
(2) Application forms that shall be issued to requesting
applicants.
(e) The county health department or its designee shall submit an
annual report to the department indicating the number of persons
whose applications for registry identification cards have been
approved and the types of serious medical conditions from which the
applicants suffer. However, except as provided in subdivision (b) of
Section 11362.72, in no case shall the identities of persons be
reported to the department.
(f) No person or designated primary caregiver with a valid
registry identification card shall be subject to arrest for
possession, transportation, delivery, or cultivation of medical
marijuana in an amount approved by the department pursuant to Section
11362.77, unless there is reasonable cause to believe that the
information contained in the card is false or falsified, the card has
been obtained by means of fraud, or the person is otherwise in
violation of the provisions of this article.
(g) It shall not be necessary for a person to obtain a registry
identification card in order to claim the protections of Section
11362.5.
11362.715. (a) A person who seeks a registry identification card
shall pay the fee, if any, as provided in Section 11362.755, and
provide all of the following to the county health department or its
designee:
(1) The name, address, telephone number, social security number,
and date of birth of the person, and proof of his or her residency
within the county.
(2) Written documentation by the attending physician in the person'
s medical records stating that the person has been diagnosed with a
serious medical condition and that the medical use of marijuana is
appropriate.
(3) The name, office address, office telephone number, and
California license number of the person's attending physician.
(4) The name, address, telephone number, social security number,
and date of birth of the persons's designated primary caregiver, if
any, and the duties of the primary caregiver.
(5) A copy of a photo identification card of the person and of the
designated primary caregiver, if any. If the applicant is a person
under 18 years of age, a certified copy of a birth certificate shall
be deemed sufficient proof of identity.
(b) If the person applying for a registry identification card
lacks the capacity to make medical decisions, the application may be
made by the person's legal representative, including, but not limited
to, any of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for
health care or surrogate decisionmaker authorized under another
advanced health care directive.
(3) Any other individual authorized by statutory or decisional law
to make medical decisions for the person.
(c) The legal representative described in subdivision (b) may also
designate in the application an individual, including himself or
herself, to serve as a primary caregiver for the person, provided
that the individual meets the definition of a primary caregiver.
(d) The person or legal representative submitting the written
information and documentation described in subdivision (a) shall
retain a copy thereof, as well as proof of date of mailing or other
method of delivery to the county health department or its designee.
11362.72. (a) Within 30 days of receipt of an application for a
registry identification card, a county health department or its
designee shall do all of the following:
(1) For the purpose of processing the application, as well as for
the purpose of obtaining data to assess the number of individuals in
this state suffering from serious medical conditions that are not
being adequately alleviated through the use of conventional
medications, verify that the information contained in the application
is accurate. In any case where the person is less than 18 years of
age, the county health department or its designee shall also contact
the parent with legal authority to make medical decisions, legal
guardian, or other person or entity with legal authority to make
medical decisions, to verify the information. In any case where
proof of identity is uncertain, the county health department or its
designee may require an in-person meeting with the person or primary
caregiver, or the production of additional identification materials
for verification purposes, or both. In all cases, the county health
department or its designee shall do both of the following:
(A) Verify with the Medical Board of California or the Osteopathic
Medical Board of California that the attending physician has a
license in good standing to practice medicine or osteopathy in the
state.
(B) Contact the attending physician by telephone or mail to
confirm that the medical records submitted by the patient are a true
and correct copy of those contained in the physician's office
records. When contacted by a county health department or its
designee, the attending physician shall confirm or deny that the
contents of the medical records are accurate.
(2) Take a photograph or otherwise obtain an electronically
transmissible image of the applicant and of the designated primary
caregiver, if any.
(3) Approve or deny the application. If an applicant who meets
the requirements of Section 11362.715 can establish that a registry
identification card is needed on an emergency basis, the county or
its designee shall issue a temporary registry identification card.
(b) If the county health department or its designee approves the
application, it shall, within 24 hours, or by the end of the next
working day of that determination, electronically transmit the
following information to the department:
(1) The name of the applicant.
(2) The name of the designated primary caregiver, if any, of the
applicant.
(3) The photographic image of the applicant and of the designated
primary caregiver, if any.
(4) The name and telephone number of the county health department
or its designee that has approved the application.
(c) The department shall issue a registry identification card to
the applicant and to his or her designated primary caregiver, if any,
within five working days of receipt of that determination.
(d) In any case involving an incomplete application, the county
health department shall send notice of a deficiency within 30 days of
receipt of an application. The applicant shall have 30 days from
the date of receipt of that notification to rectify the deficiency.
The county shall have 14 days from the receipt of information from
the applicant pursuant to this subdivision to approve or deny the
application. If the applicant does not provide the county with
information that rectifies the deficiency within the 30-day period,
the application may be denied in accordance with Section 11362.74.
11362.735. (a) A registry identification card issued by the
department shall be serially numbered and shall state all of the
following:
(1) The cardholder's name, home address, and date of birth.
(2) The date of expiration of the registry identification card.
(3) The name and telephone number of the county health department
or its designee that has approved the application.
(4) A 24-hour, toll-free telephone number which will enable state
and local law enforcement officers to have immediate access to
information necessary to verify the validity of the card.
(5) Photo identification of the cardholder.
(b) A separate registry identification card shall be issued to the
person's designated primary caregiver, if any, and shall include a
photo identification of the caregiver.
11362.74. (a) The county health department or its designee may
deny an application only for either of the following reasons:
(1) The applicant did not provide the information required by
Section 11362.715, and upon notice of the deficiency pursuant to
subdivision (e) of Section 11362.72, did not provide the information
within 30 days.
(2) The county health department or its designee determines that
the information provided was false.
(b) Any person whose application has been denied pursuant to
subdivision (a) may not reapply for six months from the date of
denial unless otherwise authorized by the county health department or
its designee or by a court of competent jurisdiction.
(c) The county health department or its designee shall transmit
its determination of denial to the department
11362.745. (a) A registry identification card shall be valid for
a period of one year.
(b) No later than 45 days before the expiration of the term of a
registry identification card, the county health department or its
designee shall send a renewal notice to the person and to the
designated primary caregiver, if any, at the addresses shown in the
program records, as provided in Section 11362.75.
(c) Upon annual renewal of a registry identification card, the
county health department or its designee shall verify all new
information and may verify any other information that has not
changed.
(d) The county health department or its designee shall transmit
its determination of approval or denial of a renewal to the
department.
11362.75. (a) The county health department or its designee shall
keep complete program records, including, but not limited to, all of
the following:
(1) All written information and documentation contained in an
application for a registry identification card, including
photographic identification of the applicant and his or her
designated primary caregiver, if any.
(2) The nature and results of the efforts of the county health
department or its designee to verify the accuracy of the information
contained in an application.
(3) A list of persons for whom applications for registry
identification cards have been approved.
(4) A list of the persons whose applications for issuance or
renewal of registry identification cards have been denied pursuant to
Section 11362.74 or 11362.745, including the reason for, and date
of, the denial.
(b) The department shall maintain program records containing all
of the following:
(1) The name of each registry identification cardholder.
(2) The name of the designated primary caregiver of the registry
identification cardholder, if any.
(3) Photographic identification of the cardholder and his or her
designated primary caregiver, if any.
(4) The identification number of the registry identification card.
(5) The name and telephone number of the county health department
or its designee that has approved the application for the issuance or
renewal of the registry identification card.
(c) The records described in subdivisions (a) and (b) shall be
confidential and not subject to public disclosure.
(d) The department shall transmit the information described in
subdivision (b) to the California Law Enforcement Telecommunications
System (CLETS) after issuance of a registry identification card.
11362.755. The department may establish application and renewal
fees for persons seeking to obtain or renew registry identification
cards that are sufficient to cover the expenses of administering the
registry identification card program. However, upon satisfactory
proof of indigence, these fees shall be waived.
11362.76. (a) A person who possesses a registry identification
card shall:
(1) Within seven days, notify the county health department or its
designee of any change in the person's name, address, attending
physician, or designated primary caregiver, if any.
(2) Annually submit to the county health department or its
designee the following:
(A) Updated written documentation of the person's serious medical
condition.
(B) The name, home address, and duties of the person's designated
primary caregiver, if any, for the forthcoming year.
(b) If a person who possesses a registry identification card fails
to comply with this section, the card shall be deemed expired. If a
registry identification card expires, the registry identification
card of any designated primary caregiver of the person shall also
expire.
(c) If the designated primary caregiver has been changed, the
previous primary caregiver shall return his or her registry
identification card to the department or to the county health
department or its designee.
(d) If the owner or operator or an employee of the owner or
operator of a provider has been designated as a primary caregiver
pursuant to paragraph (1) of subdivision (d) of Section 11362.7, or
the qualified patient or person with a registry identification card,
the owner or operator shall notify the county health department or
its designee, pursuant to Section 11362.715, if a change in the
designated primary caregiver has occurred.
11362.765. (a) Subject to the requirements of this article, the
individuals specified in subdivision (b) shall not be subject, on
that sole basis, to criminal liability under Section 11357, 11358,
11359, 11360, 11366, 11366.5, or 11570. However, nothing in this
section shall authorize the individual to smoke or otherwise consume
marijuana unless otherwise authorized by this article.
(b) Subdivision (a) shall apply to all of the following:
(1) A qualified patient or a person with a registry identification
card who transports or processes marijuana for his or her own
personal medical use.
(2) A designated primary caregiver who transports, processes,
administers, delivers, or gives away marijuana for medical purposes,
in amounts not exceeding those established by regulations that shall
be adopted by the department pursuant to Section 11362.77, only to
the qualified patient of the primary caregiver, or to the person with
a registry identification card who has designated the individual as
a primary caregiver.
(3) Any individual who provides assistance to a qualified patient
or a person with a registry identification card, or his or her
designated primary caregiver, in administering medical marijuana to
the qualified patient or person or acquiring the skills necessary to
cultivate or administer marijuana for medical purposes to the
qualified patient or person.
(c) The following
individuals who receive reasonable compensation for services, payment
for out-of-pocket expenses incurred, or both, shall not, on the sole
basis of that fact, be subject to prosecution or punishment under
Section 11359 or 11360:
(1) A designated primary caregiver who cultivates, transports,
delivers, or administers medical marijuana to a qualified patient or
to a person with a registry identification card, in amounts not
exceeding those established by regulations to be adopted by the
department pursuant to Section 11362.77.
(2) Any other individual who delivers, administers, or provides
other assistance as described in paragraph (3) of subdivision (b) to
a qualified patient or a person with a registry identification card.
11362.77. A qualified patient or a person holding a valid
registry identification card, or the designated primary caregiver of
that qualified patient or person, may possess amounts of marijuana
for the qualified patient's or person's own personal medical use in
amounts to be determined by emergency regulations that shall be
adopted by the department, after public comment and consultation with
interested organizations. The regulations shall be based on
currently available scientific research and knowledge and shall be
reviewed annually to determine if revision is necessary to reflect
material changes in research and knowledge.
11362.775. Qualified patients, persons with valid registry
identification cards, and the designated primary caregivers of
qualified patients and persons with registry identification cards,
may associate or incorporate, or both, in order collectively or
cooperatively to cultivate marijuana for medical purposes and these
individuals participating in cooperative cultivation projects shall
not solely on the basis of that fact be subject to criminal sanctions
under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or 11570.
The department shall adopt regulations, after public comment and
consultation with interested organizations, governing the operation
and supervision of these cooperatives, no later than December 31,
2000. The regulations shall specify the only methods or protocols
that the cultivation projects shall employ to ensure the consistency
of composition, noncontamination and nondiversion of medical
marijuana. The county health department or its designee shall have
the right to inspect the cultivation projects to ensure compliance
with the methods or protocols.
11362.78. A state or local law enforcement agency or officer
shall not refuse to accept a registry identification card issued by
the department unless the state or local law enforcement agency or
officer has reasonable cause to believe that the information
contained in the card is false or fraudulent, or the card is being
used fraudulently.
11362.785. (a) Nothing in this article shall require any
accommodation of any medical use of marijuana on the property or
premises of any place of employment or during the hours of employment
or on the property or premises of any jail, correctional facility,
or other type of penal institution in which prisoners reside or
persons under arrest are detained.
(b) Notwithstanding subdivision (a), a person shall not be
prohibited or prevented from obtaining and submitting the written
information and documentation necessary to apply for a registry
identification card on the basis that the person is incarcerated in a
jail, correctional facility, or other penal institution in which
prisoners reside or persons under arrest are detained.
(c) Nothing in this article shall prohibit a jail, correctional
facility, or other penal institution in which prisoners reside or
persons under arrest are detained, from permitting a prisoner or a
person under arrest who has a registry identification card, to use
marijuana for medical purposes under circumstances that will not
endanger the health or safety of other prisoners or the security of
the facility.
(d) Nothing in this article shall require a governmental, private,
or any other health insurance provider or health care service plan
to be liable for any claim for reimbursement for the medical use of
marijuana.
11362.79. Nothing in this article shall authorize a qualified
patient or person with a registry identification card to engage in
the smoking of medical marijuana:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a school bus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. With respect to the conditions of probation or parole
or release on bail, the burden of proof shall be on the recipient of
the conditions to demonstrate that use of medical marijuana by the
recipient should not be included in the conditions. The court shall
consider the proof and shall provide a written record describing the
reasons for its denial of the request.
11362.8. No professional licensing board may impose a civil
penalty or take other disciplinary action against a licensee based
solely on the fact that the licensee has performed acts that are
necessary or appropriate to carry out the licensee's role as a
designated primary caregiver to a person who is a qualified patient
or who possesses a lawful registry identification card issued
pursuant to Section 11362.72. However, this section shall not apply
to acts performed by a physician relating to the discussion or
recommendation of the medical use of marijuana to a patient. These
discussions or recommendations, or both, shall be governed by Section
11362.5.
11362.81. (a) Any person specified in subdivision (b) shall be
punishable as follows:
(1) For the first offense, imprisonment in the county jail for no
more than six months or a fine not to exceed one thousand dollars
($1,000), or both.
(2) For a second or subsequent offense, imprisonment in the county
jail for no more than one year, or a fine not to exceed one thousand
dollars ($1,000), or both.
(b) Subdivision (a) applies to any of the following:
(1) A person who fraudulently represents a medical condition or
fraudulently provides any material misinformation to a physician,
county health department or its designee, or state or local law
enforcement agency or officer, for the purpose of falsely obtaining a
registry identification card.
(2) A person who steals or fraudulently uses any person's registry
identification card in order to acquire, possess, cultivate,
transport, use, produce, or distribute marijuana.
(3) A person who counterfeits, tampers with, or fraudulently
produces a registry identification card.
(4) A person who breaches the confidentiality requirements
afforded by this article to information provided to, or contained in
the records of, the department or of a county health department or
its designee pertaining to a registry identification card program.
(c) In addition to the penalties prescribed in subdivision (a),
any person described in subdivision (b) may be precluded from
attempting to obtain, or obtaining or using, a registry
identification card for a period of up to six months at the
discretion of the court.
11362.82. If any section, subdivision, sentence, clause, phrase,
or portion of this article is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, that portion
shall be deemed a separate, distinct, and independent provision, and
that holding shall not affect the validity of the remaining portion
thereof.
11362.83. Nothing in this article shall prevent a city or other
local governing body from adopting and enforcing laws consistent with
this article.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
declares all of the following:
(a) On November 5, 1996, 56 percent of California voters approved
Proposition 215 to ensure that seriously ill Californians have their
right to obtain and use marijuana for medical purposes.
(b) Proposition 215 urged the federal and state government to
implement a plan to provide for the safe and affordable distribution
of marijuana to all patients in medical need of marijuana.
(c) Since Proposition 215 became law, the state and federal
governments have failed to respond to the voters' call for a
distribution plan. Instead, both levels of government have dedicated
substantial resources to closing down every effort to fulfill the
wishes of the voters.
(d) In the vacuum created by government inactivity, private, local
distribution organizations have arisen. The activity of these
programs has raised legal questions about the extent to which
Proposition 215 protects these collective efforts to distribute
medicinal marijuana. As a result, while generally well-intentioned,
most of these programs have been subject to, and often closed because
of, police and judicial action. The closure of these programs has
left many patients who need medicinal marijuana without access to
marijuana.
(e) A distribution plan is essential not only to ensure that
patients in medical need of marijuana have safe and affordable access
to marijuana, but also to prevent Proposition 215 from becoming a
sieve through which illegal activities occur.
(f) There is widespread consensus among physicians, law
enforcement, patients, providers, and other stakeholders that the
most effective solution is for the federal government to reschedule
marijuana so that it can be prescribed under strict protocols.
However, until the federal government acts, California state and
local officials must act to implement the will of the voters.
(g) It is the intent of the Legislature that the issue of
medicinal marijuana is and should remain a public health issue,
between physicians and their patients.
(h) It is the further intent of the Legislature, until the federal
government acts to reschedule marijuana, to respond fully to the
wishes of the voters in approving Proposition 215 by developing a
plan for the safe and affordable distribution of medicinal marijuana
to persons in need.
SEC. 2. Section 11362.7 is added to the Health and Safety Code, to
read:
11362.7. The state shall develop and implement a plan for the
safe and affordable distribution of medicinal marijuana.