BILL ANALYSIS                                                                                                                                                                                                    



                                                          SB 848   

                                                          Page  1

Date of Hearing: August 25, 1998

              ASSEMBLY COMMITTEE ON APPROPRIATIONS 
                    Carole Migden, Chairwoman

      SB 848 (Vasconcellos) - As Amended: August 16, 1999 

Policy Committee:                              HealthVote:9 - 4

Urgency:     No                   State Mandated Local  
Program:YesReimbursable:   Yes

  SUMMARY  

This bill directs the Department of Health Services (DHS) to  
establish and maintain a program for the issuance of  
registration identification cards for the use of medical  
marijuana for patients and primary care givers.  The bill  
requires DHS to develop protocols and application forms to be  
used by county health departments for the purposes of this bill,  
and establishes numerous requirements governing the card and its  
issuance.  The bill also requires a 24-hour toll-free telephone  
number for verification. 

The bill also directs DHS to establish application and renewal  
fees sufficient to cover the expenses of administering the  
program. 

  FISCAL EFFECT  

The bill would result in annual state administration costs in  
the range of $2.5 million and annual costs to local health  
departments, probably in the range of $3 million to $5 million.   
The bill provides for the reimbursement of all state and local  
government costs through fees charged to applicants (special  
fund, local funds).

  COMMENTS
  
  1)Current Law  .  Proposition 215, enacted by voters in 1996,  
  prohibits any physician from being punished for having  
  recommended marijuana to a patient for medical purposes.  The  
  law exempts patients and their primary care givers from  
  general prohibitions regarding the cultivation or possession  








                                                          SB 848   

                                                          Page  2

  of marijuana, in cases where the drug is intended for the  
  personal medical use of the patient upon the recommendation or  
  approval of a physician.  The Act further directs the  
  Legislature to establish a legal means of distributing  
  marijuana to patients.  Federal law on possession or  
  distribution of marijuana conflicts with Proposition 215.

  2)Purpose of the Bill  .  The author indicates this bill is  
  intended to establish a mechanism (in the form of a  
  state-issued wallet identification card) to provide county  
  health departments and law enforcement agencies with a means  
  to determine that a medical marijuana user or primary  
  caregiver is not in violation of drug laws. The author notes  
  the bill does not establish any rights regarding the use of  
  medical marijuana that are not already established by  
  Proposition 215.  The Attorney General established a task  
  force to design a public distribution system in conformance  
  with the requirements of proposition.  This bill implements  
  the recommendations of the task force.

  3)Opposition  .  Californians for Compassionate Use and Dennis  
  Peron, author of Proposition 215, contend this bill  
  circumvents the will of the people to appease law enforcement.  
   Opponents argue the bill was created without public input and  
  was essentially written by opponents of Proposition 215. 

The Committee on Moral Concerns also opposes the bill, arguing  
  that the latest marijuana research does not advocate  
  legalizing medical marijuana or distributing it. 

  Analysis Prepared by  : Bill Wehrle / APPR. / (916) 319-2081