BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 848|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 848
Author: Vasconcellos (D)
Amended: As introduced
Vote: 21
SENATE HEALTH & HUMAN SERV. COMMITTEE : 6-2, 4/7/99
AYES: Escutia, Figueroa, Hughes, Polanco, Solis,
Vasconcellos
NOES: Morrow, Mountjoy
NOT VOTING: Haynes
SENATE APPROPRIATIONS COMMITTEE : 8-3, 5/17/99
AYES: Johnston, Alpert, Bowen, Burton, Escutia, McPherson,
Perata, Vasconcellos
NOES: Johnson, Kelley, Mountjoy
NOT VOTING: Karnette, Leslie
SUBJECT : Medicinal marijuana distribution
SOURCE : Author
DIGEST : This bill directs the state to develop and
implement a plan for the safe and affordable distribution
of medicinal marijuana.
ANALYSIS : 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
CONTINUED
SB 848
Page
2
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.
Comments :
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
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.
SB 848
Page
3
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 1999-2000 2000-01
2001-02 Fund
Distribution system unknown
General
SUPPORT : (Verified 5/18/99)
Americans for Medical Rights
California Department of Justice
Friends Committee on Legislation
San Francisco AIDS Foundation
OPPOSITION : (Verified 5/18/99)
Committee on Moral Concerns
Cannabis Pharmaceutical Coalition (unless amended)
ARGUMENTS IN SUPPORT : According to the author's office:
Despite the voters' strong support of medicinal marijuana,
the only efforts to provide access have been initiated by
community organizations and local governments. Local
providers have placed themselves at risk of civil and
criminal prosecution by courageously pursuing a variety of
distribution models. While the providers fill a vacuum
created by government inactivity, the government continues
to avoid dealing with the distribution issue.
The author's office states that voters passed Proposition
215 believing that sick people and their caregivers could
only get marijuana from street pushers and policymakers
have an obligation to swiftly effectuate the will of the
voters.
SB 848
Page
4
ARGUMENTS IN OPPOSITION : 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"
cannabis in suppositories, pills or liquids is preferable
for both health and psycho-social reasons.
CP:jk 5/19/99 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****