BILL ANALYSIS
SB 848
Page 1
SENATE THIRD READING
SB 848 (Vasconcellos)
As Amended August 29, 2000
Majority vote
SENATE VOTE : 21-12
HEALTH 9-4 APPROPRIATIONS 14-7
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|Ayes:|Gallegos, Aanestad, |Ayes:|Migden, Cedillo, Davis, |
| |Corbett, Firebaugh, | |Hertzberg, Kuehl, Papan, |
| |Kuehl, Steinberg, | |Romero, Keeley, |
| |Thomson, Vincent, Wildman | |Steinberg, Thomson, |
| | | |Wesson, Wiggins, Wright, |
| | | |Aroner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Strickland, Bates, |Nays:|Brewer, Ackerman, |
| |Runner, Wayne | |Ashburn, Campbell, |
| | | |Maldonado, Runner, Zettel |
| | | | |
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SUMMARY : Establishes a voluntary statewide medical marijuana
Registration Identification Card (RIC) Program administered by
the Department of Health Services (DHS). Specifically, this
bill :
1)Defines "qualified patient (QP)," "person with a RIC (PRC),"
"attending physician," "primary caregiver," and "serious
medical condition" for the purposes of this bill.
2)Specifies that the Attorney General of California (AG) is
required to certify that federal authorities cannot prosecute
physicians for recommending or approving marijuana for medical
use; that commencing six months after the AG's certification,
an attending physician, who determines that a patient has a
serious medical condition for which medical marijuana is
appropriate, shall complete a physician assessment form; and
that this provision is to remain in effect only until the date
the AG certifies that a secure electronic monitoring system
has been established, as specified.
3)Requires DHS to establish and maintain a voluntary program for
the issuance of RICs to QPs and primary caregivers, as
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specified. Requires DHS to develop protocols and application
forms for use by county health departments. Requires DHS to
maintain program records, as specified. Authorizes DHS to
establish an application and renewal fee, as specified.
4)Requires every county health department to utilize protocols
developed by DHS, as specified to: a) provide, receive and
process RIC applications, as specified; b) maintain records of
the RIC Program, as specified; c) transmit application
information to DHS, as specified; and d) send renewal notices
to PRCs and/or primary caregivers, as specified. Authorizes
the county health department to designate another entity, as
specified, to perform specified functions.
5)Makes specified requirements of an applicant to acquire and
renew a RIC.
6)Specifies that a RIC is not necessary to claim the protections
of the Compassionate Use Act of 1996 (Act). Provides that no
person or primary caregiver with a RIC shall be subject to
arrest for possession, transportation, delivery or cultivation
of medical marijuana in an amount approved by DHS, as
specified. Requires state and local law enforcement officials
to accept RICs issued by DHS, as specified. Specifies that a
PRC, a primary caregiver or other person, as specified, shall
not be subject to criminal liability based solely on
conforming to this bill. States this bill does not authorize
an individual to smoke or consume marijuana unless otherwise
authorized by the Act. Specifies that a primary caregiver or
other person, as specified, who receives reasonable
compensation for services or expenses, is not subject to
criminal liability based solely on conforming to this bill.
7)Authorizes specified individuals to associate or incorporate,
as specified, to cultivate marijuana for medical purposes in
accordance with DHS regulations, as specified.
8)States this bill shall not require any accommodation of
medical marijuana on the premises of any place of employment
or any correctional facility, as specified. Prohibits the
smoking of medical marijuana in any place where smoking is
prohibited by law, and other specified locations.
9)Provides that an incarcerated person shall not be prohibited
from applying for a RIC and authorizes a correctional facility
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to permit an incarcerated PRC to use medical marijuana, as
specified. Provides with respect to the conditions of
probation, parole or bail, the burden of proof shall be on the
recipient to show that use of medical marijuana should not be
included in the conditions. Requires the court to consider
the proof and to provide a written record describing the
reason for denial of the request.
10)Provides that no governmental, private, or any other health
care service plan or insurer shall be liable for any claim for
reimbursement for medical marijuana.
11)Prohibits a professional licensing board from taking any
disciplinary action against a licensee based solely on
conformance with the requirements of this bill, as specified.
12)Provides that records kept in accordance with this bill are
confidential and not subject to public disclosure and requires
information to be transmitted to the California Law
Enforcement Telecommunications System, as specified. Provides
punishment for fraud or breach of confidentiality associated
with this bill, as specified.
13)Provides that any provision of this bill may be deemed
separate, distinct and independent.
14)Requires DHS to issue emergency regulations by July 1, 2001
and to adopt regulations no later than December 31, 2001, for
the purposes of this bill.
15)Makes findings and declarations related to the medical use of
marijuana. States the intent of the Legislature to clarify
the Act, as specified.
EXISTING LAW prohibits any physician from being punished 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 caregiver, who possesses or
cultivates marijuana for the personal medical purposes 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
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possession or distribution of marijuana conflicts with the Act.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, 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.
This bill provides for the reimbursement of all state and local
government costs through fees charged to applicants (special
fund, local funds).
COMMENTS : This bill establishes a mechanism (i.e., a wallet
card or RIC) which provides a county and state-approved
presumption that PRC or primary caregiver is not in violation of
existing drug laws. This presumption would potentially be
useful in a situation in which a person is questioned by a law
enforcement officer regarding the use of marijuana. In fact,
the main beneficiaries of this bill will be California's law
enforcement who will see a reduction in time and energy spent
dealing with situations involving marijuana usage, possession,
transportation and cultivation, as the mechanism established by
this bill will provide an almost instantaneous evaluation of
whether or not a crime is being committed. This bill does not
further establish any rights regarding medical marijuana that
are not already established by Proposition 215. Attorney
General Bill Lockyer has created a special task force to design
a public distribution system and has appointed the author as
chair of the effort. This bill implements the recommendations
of the task force. The Consumer Federation of California (CFC)
supports this bill stating that although reasonable minds may
differ on the morality of medical marijuana, California voters
approved [the Act] to ensure that seriously ill persons have the
right to obtain and use marijuana when a health care provider
determines the person would derive benefits from its use. CFC
states this bill responds to the will of the voters by providing
a method of safe and affordable distribution that comports with
the intent of Proposition 215.
Californians for Compassionate Use (CCU) write in opposition to
this bill stating that it is a veiled attempt to circumnavigate
the will of the people under the guise of protecting patients,
solely to appease law enforcement and that this bill will create
58 county bureaucracies. The Committee on Moral Concerns (CMC)
also writes in opposition stating the latest marijuana research
(Institute of Medicine [IOM] Report) does not advocate
legalizing medical marijuana or distributing it. CMC states the
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IOM report limits its recommendations to patients who are
terminally ill or who have symptoms that don't respond to other
medications, and that current California law is already much
more lenient than the IOM recommendations.
Analysis Prepared by : Ellen McCormick / HEALTH / (916) 319-2097
FN:
0006868