BILL ANALYSIS                                                                                                                                                                                                    






              SENATE HEALTH AND HUMAN SERVICES
                     COMMITTEE ANALYSIS
              Senator Martha M. Escutia, Chair


BILL NO:       SB 848                                       
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AUTHOR:        Vasconcellos                                 
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AMENDED:       As introduced
HEARING DATE:  April 7, 1999                                
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FISCAL:        Appropriations                               
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CONSULTANT:                                                
Miller
                              



























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                           SUBJECT
                               
              Medicinal marijuana distribution

                           SUMMARY  

Directs the state to develop and implement a plan for the  
safe and affordable distribution of medicinal marijuana.

                           ABSTRACT  

Existing law, the Compassionate Use Act of 1986, prohibits  
a physician from being prosecuted for recommending  
marijuana for medicinal purposes.  The Act further directs  
the Legislature to establish a legal means of distributing  
marijuana to patients. The Compassionate Use Act was  
created by popular initiative, Proposition 215, in November  
1996.  Federal law on possession or distribution of  
marijuana conflicts with this statute.

This bill:

1.Finds federal and state law enforcement policy in  
  conflict with public intent of safe distribution of  
  medicinal marijuana; finds lack of a distribution system  
  injurious to many patients; states obligation of public  
  officials to implement the law and declares legislative  
  intent to plan for distribution of medical marijuana.

2.Directs the state to develop and implement a plan for the  
  safe and affordable distribution of medical marijuana.

                        FISCAL IMPACT  

Undetermined.  Costs associated with policy development and  
potential costs for distribution development, presumably  
offset by consumer reimbursement.



                  BACKGROUND AND DISCUSSION  

Proposition 215, adopted by California voters in 1996,  
directed the Legislature to design and implement a means of  
distributing medical marijuana to California patients who  




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might benefit from the product.  Several attempts by the  
author to realize this intent were defeated or vetoed (SB  
535, 1997, Vasconcellos, et. al.) and resistance by both  
state and federal authorities prevented any public  
distribution.  Numerous private, local distribution  
organizations attempted to obtain and deliver marijuana for  
medical purposes, but were forced to close due to police  
and judicial action.  A number of California cities either  
encouraged or openly tolerated marijuana distribution, but  
no broad distribution has been realized.

The current Attorney General has created a special task  
force to design a public distribution system and has  
appointed the author as chair of the effort.  This measure  
is intended to implement the recommendations of the task  
force once they are developed.  The recommendations may be  
completed by early spring of this year.

Opponents object to the distribution of marijuana in its  
naturally occurring state and seek, rather, the medical use  
of its component, chemical constituents.  Opponents believe  
"non-smokable" cannibis in suppositories, pills or liquids  
is preferable for both health and psycho-social reasons.

                          POSITIONS  

Support:       Americans for Medical Rights
               California Department of Justice
               Friends Committee on Legislation
               San Francisco AIDS Foundation

Oppose:   Committee on Moral Concerns
               Cannabis Pharmaceutical Coalition (unless  
amended)






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