BILL NUMBER: SB 848 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 29, 2000
AMENDED IN ASSEMBLY AUGUST 16, 1999
AMENDED IN ASSEMBLY JULY 8, 1999
INTRODUCED BY Senator Vasconcellos
FEBRUARY 25, 1999
An act to repeal Section 11362.705 of, and to add
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
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 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.
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
health 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. (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 care givers 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 care givers 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 care givers 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 an individual who possesses a
license in good standing to practice medicine or osteopathy issued by
the Medical Board of California and 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) "Primary care giver" 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 no more than three employees who are
designated by 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 care giver
by one or more qualified patients or persons with a registry
identification card, or who has been designated as a primary care
giver by only one qualified patient or person with a registry
identification card if the designated primary care giver 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 care giver shall be at least 18 years of age, unless
the primary care giver is the parent of a minor child who is a
qualified patient or a person with a registry identification card or
the primary care giver is a person otherwise entitled to make medical
decisions under state law pursuant to Sections 6922, 7002, 7050, or
7120 of the Family Code.
(e) "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.
(f) "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 care giver, if any.
(g) "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.
(h) "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. If,
and during such time as, Section 11362.705 is implemented, a
photocopy of a completed and signed physician assessment form, as
defined in subdivision (b) of Section 11362.705, shall satisfy the
definition of written documentation.
11362.705. (a) (1) The Attorney General of California shall
certify that the federal authorities cannot prosecute physicians for
recommending or approving marijuana for medical use, provided that
substantive action has occurred that constrains the federal Drug
Enforcement Agency from bringing these prosecutions.
(2) Commencing six months after the certification described in
paragraph (1), an attending physician who determines that a patient
has a serious medical condition for which medical marijuana is
appropriate and documents that determination in the patient's medical
record shall complete a physician assessment form, and forward the
original of that form to the department. The physician shall retain
a photocopy of the physician assessment form in the patient's medical
record, and shall make a photocopy available to the patient.
(b) For purposes of this section, "physician assessment form"
means a serially numbered form developed and provided to a physician
by the department on which the physician shall declare that the
patient has a serious medical condition for which the medical use of
marijuana is appropriate. The form shall include the name, address,
telephone number, social security number, and date of birth of the
patient, and the name, office address, office telephone number, and
California medical license number of the person's attending
physician.
(c) A physician assessment form may be completed by the physician
or an employee of the physician, and it shall be signed by the
physician. The department shall develop and make available the
physician assessment form in sufficient time to permit physicians to
meet the requirements of subdivision (a).
(d) This section shall remain in effect only until the date that
the Attorney General of California certifies that a secure electronic
monitoring system that is initiated in the physician's office and is
linked to the Department of Justice has been established, and as of
that date is repealed.
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 all 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.
(3) A registry identification card that identifies a person
authorized to engage in the medical use of marijuana and a registry
identification card that identifies the person's designated primary
care giver if any. The two registry identification cards developed
pursuant to this paragraph shall be easily distinguishable from each
other.
(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)
(e) No person or designated primary care giver in possession
of 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)
(f) 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 on a form developed and provided by the department
:
(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 medical 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 care giver, if
any, and the duties of the primary care giver.
(5) A copy of a photo identification card of the person and of the
designated primary care giver, 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 care giver for the person, provided
that the individual meets the definition of a primary care giver.
(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.
(1) 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
care giver, 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 county health department shall
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
care giver, 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,
which shall be valid for 30 days from the date of issuance. The
county, or its designee, may extend the temporary registration card
for no more than 30 days at a time, so long as the applicant
continues to meet the requirements of this paragraph.
(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 care giver, if any, of the
applicant.
(3) The photographic image of the applicant and of the designated
primary care giver, 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 care giver, 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)
(4) Photo identification of the cardholder.
(b) A separate registry identification card shall be issued to the
person's designated primary care giver, if any, and shall include a
photo identification of the care giver.
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.
(3) The applicant does not meet the criteria set forth in this
article.
(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
(c) Any person whose application has been denied pursuant to
subdivision (a) may appeal that decision to the department. The
county health department or its designee shall make available a
telephone number or address to which the denied applicant can direct
an appeal.
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 care giver, 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 care giver, 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 care giver of the registry
identification cardholder, if any.
(3) Photographic identification of the cardholder and his or her
designated primary care giver, 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) Notwithstanding this section, names and other identifying
information from program records may be disclosed to both of the
following:
(1) Authorized employees of the department or of a county health
department or its designee, as necessary to perform official duties
of the program.
(2) Authorized employees of state or local enforcement agencies,
but only as necessary to review and verify that a person is a lawful
possessor of a registry identification card or that an individual is
the designated primary care giver of a person with a registry
identification card.
(e) 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.
The department shall make the identical information
available through a 24-hour toll-free telephone number.
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 incurred by the
department and each county health department of administering the
registry identification card program. However, upon satisfactory
proof of indigence, these fees shall be waived. The department shall
reimburse each county health department for its costs of
administering the program from the revenue generated by the fees.
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 care giver, 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 care giver, 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 care giver of the person shall also
expire. The county health department shall notify the
department within seven days that the card is deemed expired.
(c) If the designated primary care giver has been changed, the
previous primary care giver 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 care giver
pursuant to paragraph (1) of subdivision (d) of Section 11362.7, of
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 care
giver 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 care giver 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 care giver, or to the person
with a registry identification card who has designated the individual
as a primary care giver.
(3) Any individual who provides assistance to a qualified patient
or a person with a registry identification card, or his or her
designated primary care giver, 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 care giver 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 care giver 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
11362.77. The department shall issue emergency regulations by
July 1, 2001 , after public comment and consultation with
interested organizations to determine appropriate amounts of
marijuana for the qualified patient's or person's own personal
medical use . 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. 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 consistent with the emergency
regulations.
11362.775. Qualified patients, persons with valid registry
identification cards, and the designated primary care givers of
qualified patients and persons with registry identification cards,
may associate or incorporate within the state of California, 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
2001 . The regulations shall specify only the methods,
procedures, and criteria 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
department shall have the right to inspect the cultivation
projects to ensure compliance with the methods, procedures, and
criteria.
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 schoolbus.
(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 care giver 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.