Overview and analysis of SB
SB 420 was a compromise that considered much input from
patients and reformers. It clears up certain implementation
issues surrounding Prop 215 (HS11362.5) and formulates a
voluntary system to protect patients from arrest. It sets
biased and unrealistic standards as the default baseline for
protection, but also empowers localities to adopt scientific
local medical marijuana guidelines.
SB 420 positive effects:
SB 420 recognizes all
patient's rights as embodied in Prop 215 as summarized
in SB420 Section 1(a)(1)
Participation in the voluntary ID program is not a
requirement for full protection under Prop 215 11362.71(f)
It asserts medical marijuana as a matter of states
rights 420 (1)(e)
It extends the power of recommendation/approval to
It allows agencies to provide medical marijuana to
qualified patients 11362.7(d)(2)
It allows caregivers to have more than one patient
in the same county 11362.7(d)(3)
It allows caregivers to have one out-of-county
It creates a protective and completely voluntary
1-year photo ID program for participating patients and/or
It provides "around the clock" validation of
participation in the program when police confront a patient
or caregiver 11362.71(a)(2)
It allows non-governmental agencies to process the
It promises confidentiality of records 11362.71(d)(1)
It stops arrests -- not just prosecution -- of
card-holding individuals for possession, transportation,
delivery or cultivation up to a very minimal level of 6 mature plants per patient and 8 oz
of bud or conversion (that could arguably be hash or
hash oil, or equivalent amounts of foods and tinctures, which have a lot of liquid
It includes the right for an individual to appeal
if rejected for a patient ID card 11362.74
It gives Medi-Cal patients a 50% fee discount
It allows transportation and processing (HS 11360)
It reduces the risk of a patient being charged
with intent to sell (11359) maintaining a place where
cannabis is produced, provided or used (HS11366,
11366.5, 11570 )
It allows reimbursement for a caregiver's material
and labor 11362.765(c)
It empowers physicians to grant exemptions for
quantities 11362.77 (b)
It allows communities to adopt more realistic
amounts but does not allow them to go below the "floor"
It codifies the medical use of dried cannabis
flowers rather than leaf 11362.77(d)
It opens the door for us to work with the AG to
amend these levels upward 11362.77(e)
It recognizes collectives and coop gardens,
without regard to county boundaries 11362.775
It requires police to comply with these provisions
It recognizes that inmates can use medical
It exempts patients in their homes from the
penalties associated with using cannabis within 1000 feet of
a school 11362.79(b)
It enables parolees, defendants and probates to
retain full access to MMJ 11362.795
It criminalizes breach of confidentiality (eg.,
gives patient info to the feds) 11362.81(b)(4)
SB 420 negative effects:
SB420 creates a wholly voluntary
card system that may become "de facto" mandatory by
legitimizing some patients at a higher level than others
(i.e., if you have a card you get more respect)
It sets a wholly inadequate default guideline
limit of 8 ounces of dry bud and 6
mature OR 12 immature plants, which is not scientific or
reasonable. While it allows counties to increase these
amounts, again these may become "de facto" limits that
counties adopt rather than use scientific SAN
Legislative Intent Regarding
September 10, 2003
The Honorable John Burton
President pro Tempre of the Senate
State Capitol, Room 205, Sacramento, CA 95814
Re: Legislative Intent Regarding SB 420 (as amended
September 4, 2003)
In order to clarify the Legislature's intent in enacting
Senate Bill 420, I respectfully request that this letter be
published in the Senate Daily Journal.
Fully recognizing that Proposition 215 cannot be
amended by the Legislature, we have resisted all efforts
to make the new identification card system created by SB 420
mandatory &endash; and at least two times SB 420 contains
specific language declaring our intent that this program
is wholly voluntary.
In addition, the guidelines in SB 420 establish
permissible amounts that are intended to be the threshold,
and not a ceiling.
Furthermore, SB 420 specifically allows localities
with higher possession or cultivation amounts to retain
them, and other local jurisdictions to establish new
guidelines to exceed what has been set forth in this
bill. No jurisdiction may establish amounts lower than those
set forth in SB 420.
Altogether, we believe that our final version of SB 420
is the very best we could hope to get enacted into law and
that it provides (pursuant to the California voters' will in
enacting Proposition 215) broad protection to tens of
thousands of ill Californians without jeopardizing any ill
Thank you for allowing us to clarify our legislative
intent regarding SB 420.
JOHN VASCONCELLOS / MARK LENO
Senator, 13th District / Assemblyman, 13th District
BILL NUMBER: SB 420 -- BILL
INTRODUCED FEBRUARY 20, 2003 BY Senator Vasconcellos
PASSED SENATE SEPTEMBER 11, 2003
PASSED ASSEMBLY SEPTEMBER 10, 2003
(Principal coauthor: Assembly Member Leno. Coauthors:
Assembly Members Goldberg, Hancock, and Koretz)
An act 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 420, Vasconcellos. 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 caregiver, who possesses or cultivates
marijuana for the personal medical purposes of the patient
upon the written or oral recommendation or approval of a
This bill would require the State Department of Health
Services to establish and maintain a voluntary program for
the issuance of identification cards to qualified patients
and would establish procedures under which a qualified
patient with an identification card may use marijuana for
medical purposes. The bill would specify the department's
duties in this regard, including developing related
protocols and forms, and establishing application and
renewal fees for the program.
The bill would impose various duties upon county health
departments relating to the issuance of identification
cards, thus creating a state-mandated local program.
The bill would create various crimes related to the
identification card program, thus imposing a state-mandated
local program. This bill would authorize the Attorney
General to set forth and clarify details concerning
possession and cultivation limits, and other regulations, as
specified. The bill would also authorize the Attorney
General to recommend modifications to the possession or
cultivation limits set forth in the bill. The bill would
require the Attorney General to develop and adopt guidelines
to ensure the security and nondiversion of marijuana grown
for medical use, as specified.
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
This bill would provide that no reimbursement is required
by this act for specified reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS
SECTION 1. (a) The Legislature finds and declares all of
(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 caregivers 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
(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 caregivers in order
to avoid unnecessary arrest and prosecution of these
individuals and provide needed guidance to law
(2) Promote uniform and consistent application of the
act among the counties within the state.
(3) Enhance the access of patients and caregivers to
medical marijuana through collective, cooperative
(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
(1) A state identification card program will
further the goals outlined in this section.
(2) With respect to individuals,
the 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 an identification card in
order to claim the protections afforded by that
(e) The Legislature further
finds and declares that it enacts this act pursuant to the
powers reserved to the State of California and its people
under the Tenth Amendment to the United States
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 or the
Osteopathic 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
(b) "Department" means the State Department of Health
(c) "Person with an identification card" means an
individual who is a qualified patient who has applied for
and received a valid identification card pursuant to this
(d) "Primary caregiver" means the individual, designated
by a qualified patient or by a person with an 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) In any case in which a qualified patient or
person with an identification card receives medical care
or supportive services, or both, from 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, the owner or operator, or no more than three
employees who are designated by the owner or operator, of
the clinic, facility, hospice, or home health agency, if
designated as a primary caregiver by that qualified
patient or person with an identification card.
(2) An individual who has been designated as a primary
caregiver by more than one qualified patient or person
with an identification card, if every qualified patient
or person with an identification card who has designated
that individual as a primary caregiver resides in the
same city or county as the primary caregiver.
(3) An individual who has been designated as a primary
caregiver by a qualified patient or person with an
identification card who resides in a city or county other
than that of the primary caregiver, if the individual has
not been designated as a primary caregiver by any other
qualified patient or person with an identification
(e) A primary caregiver shall be at least 18 years of
age, unless the primary caregiver is the parent of a minor
child who is a qualified patient or a person with an
identification card or the primary caregiver is a person
otherwise entitled to make medical decisions under state law
pursuant to Sections 6922, 7002, 7050, or 7120 of the Family
(f) "Qualified patient" means a
person who is entitled to the protections of Section
11362.5, but who does not have an identification card issued
pursuant to this article.
(g) "Identification card" means a document issued by the
State Department of Health Services that document identifies
a person authorized to engage in the medical use of
marijuana and the person's designated primary caregiver, if
(h) "Serious medical condition" means all of the
following medical conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(6) Chronic pain.
(9) Persistent muscle spasms, including, but not
limited to, spasms associated with multiple
(10) Seizures, including, but not limited to, seizures
associated with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom
(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.
(i) "Written documentation" means accurate reproductions
of those portions of a patient's medical records that have
been created by the attending physician, that contain the
information required by paragraph (2) of subdivision (a) of
Section 11362.715, and that the patient may submit to a
county health department or the county's designee as part of
an application for an identification card.
11362.71. (a) (1) The department
shall establish and maintain a voluntary program for the
issuance of identification cards to qualified patients who
satisfy the requirements of this article and voluntarily
apply to the identification card program.
(2) The department shall establish and maintain
a 24-hour, toll-free telephone number that will enable
state and local law enforcement officers to have
immediate access to information necessary to verify the
validity of an identification card issued by the
department, until a cost-effective Internet Web-based
system can be developed for this purpose.
(b) Every county health department, or the county's
designee, shall do all of the following:
(1) Provide applications upon request to
individuals seeking to join the identification card
(2) Receive and process completed applications in
accordance with Section 11362.72.
(3) Maintain records of identification card
(4) Utilize protocols developed by the department
pursuant to paragraph (1) of subdivision (d).
(5) Issue identification cards developed by the
department to approved applicants and designated primary
(c) The county board of supervisors may designate another
health-related governmental or 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
(1) Protocols that shall be used by a county
health department or the county's designee 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
(3) An identification card that identifies a person
authorized to engage in the medical use of marijuana and
an identification card that identifies the person's
designated primary caregiver, if any. The two
identification cards developed pursuant to this paragraph
shall be easily distinguishable from each other.
(e) No person or designated primary caregiver in
possession of a valid identification card shall be subject
to arrest for possession, transportation, delivery, or
cultivation of medical marijuana in an amount established
pursuant to this article, 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.
(f) It shall not be necessary for a person to obtain an
identification card in order to claim the protections of
11362.715. (a) A person who seeks
an identification card shall pay the fee, as provided in
Section 11362.755, and provide all of the following to the
county health department or the county's designee on a form
developed and provided by the department:
(1) The name 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
(4) The name and the duties of the primary
(5) A government-issued photo identification card of
the person and of the designated primary caregiver, 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 an 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
(1) A conservator with authority to make medical
(2) An attorney-in-fact under a durable power of
attorney for health care or surrogate decisionmaker
authorized under another advanced health care
(3) Any other individual authorized by statutory or
decisional law to make medical decisions for the
(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
caregiver for the person, provided that the individual meets
the definition of a primary caregiver.
(d) The person or legal representative submitting the
written information and documentation described in
subdivision (a) shall retain a copy thereof.
11362.72. (a) Within 30 days of
receipt of an application for an identification card, a
county health department or the county's designee shall do
all of the following:
(1) For purposes of processing the application,
verify that the information contained in the application
is accurate. If 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
(2) 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.
(3) Contact the attending physician by facsimile,
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 the county' s
designee, the attending physician shall confirm or deny
that the contents of the medical records are
(4) Take a photograph or otherwise obtain an
electronically transmissible image of the applicant and
of the designated primary caregiver, if any.
(5) Approve or deny the application. If an applicant
who meets the requirements of Section 11362.715 can
establish that an identification card is needed on an
emergency basis, the county or its designee shall issue a
temporary identification card that shall be valid for 30
days from the date of issuance. The county, or its
designee, may extend the temporary identification card
for no more than 30 days at a time, so long as the
applicant continues to meet the requirements of this
(b) If the county health department or the county's
designee approves the application, it shall, within 24
hours, or by the end of the next working day of approving
the application, electronically transmit the following
information to the department:
(1) A unique user identification number of the
(2) The date of expiration of the identification
(3) The name and telephone number of the county health
department or the county's designee that has approved the
(c) The county health department or the county's designee
shall issue an identification card to the applicant and to
his or her designated primary caregiver, if any, within five
working days of approving the application.
(d) In any case involving an incomplete application, the
applicant shall assume responsibility for rectifying 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.
11362.735. (a) An identification
card issued by the county health department shall be
serially numbered and shall contain all of the
(1) A unique user identification number of the
(2) The date of expiration of the identification
(3) The name and telephone number of the county health
department or the county's designee that has approved the
(4) A 24-hour, toll-free telephone number, to be
maintained by the department, that will enable state and
local law enforcement officers to have immediate access
to information necessary to verify the validity of the
(5) Photo identification of the cardholder.
(b) A separate identification card shall be issued to the
person's designated primary caregiver, if any, and shall
include a photo identification of the caregiver.
11362.74. (a) The county health
department or the county's designee may deny an application
only for any 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 (d) of
Section 11362.72, did not provide the information within
(2) The county health department or the county's
designee determines that the information provided was
(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 the county's designee or by a court of
(c) Any person whose application has been denied pursuant
to subdivision (a) may appeal that decision to the
department. The county health department or the county's
designee shall make available a telephone number or address
to which the denied applicant can direct an appeal.
11362.745. (a) An identification
card shall be valid for a period of one year.
(b) Upon annual renewal of an identification card, the
county health department or its designee shall verify all
new information and may verify any other information that
has not changed. (c) The county health department or the
county's designee shall transmit its determination of
approval or denial of a renewal to the department.
11362.755. (a) The department
shall establish application and renewal fees for persons
seeking to obtain or renew identification cards that are
sufficient to cover the expenses incurred by the department,
including the startup cost, the cost of reduced fees for
Medi-Cal beneficiaries in accordance with subdivision (b),
the cost of identifying and developing a cost-effective
Internet Web-based system, and the cost of maintaining the
24-hour toll-free telephone number. Each county health
department or the county's designee may charge an additional
fee for all costs incurred by the county or the county's
designee for administering the program pursuant to this
(b) Upon satisfactory proof of participation and
eligibility in the Medi-Cal program, a Medi-Cal beneficiary
shall receive a 50 percent reduction in the fees established
pursuant to this section.
11362.76. (a) A person who
possesses an identification card shall:
(1) Within seven days, notify the county health
department or the county's designee of any change in the
person's attending physician or designated primary
caregiver, if any.
(2) Annually submit to the county health department or
the county' s designee the following:
(A) Updated written documentation of the
person's serious medical condition.
(B) The name and duties of the person's designated
primary caregiver, if any, for the forthcoming
(b) If a person who possesses an identification card
fails to comply with this section, the card shall be deemed
expired. If an identification card expires, the
identification card of any designated primary caregiver of
the person shall also expire.
(c) If the designated primary caregiver has been changed,
the previous primary caregiver shall return his or her
identification card to the department or to the county
health department or the county's designee.
(d) If the owner or operator or an employee of the owner
or operator of a provider has been designated as a primary
caregiver pursuant to paragraph (1) of subdivision (d) of
Section 11362.7, of the qualified
patient or person with an identification card, the owner or
operator shall notify the county health department or the
county's designee, pursuant to Section 11362.715,
if a change in the designated primary caregiver has
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,
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, nor shall anything in
this section authorize any individual or group to cultivate
or distribute marijuana for profit.
(b) Subdivision (a) shall apply to all of the
(1) A qualified patient or a person with an
identification card who transports or processes marijuana
for his or her own personal medical use.
(2) A designated primary caregiver who transports,
processes, administers, delivers, or gives away marijuana
for medical purposes, in amounts not exceeding those
established in subdivision (a) of Section 11362.77,
only to the qualified patient of the primary caregiver,
or to the person with an identification card who has
designated the individual as a primary caregiver.
(3) Any individual who provides assistance to a
qualified patient or a person with an identification
card, or his or her designated primary caregiver, 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) A primary caregiver who receives compensation for
actual expenses, including reasonable compensation incurred
for services provided to an eligible qualified patient or
person with an identification card to enable that person to
use marijuana under this article, or for payment for
out-of-pocket expenses incurred in providing those services,
or both, shall not, on the sole basis of that fact, be
subject to prosecution or punishment under Section 11359
here to read the amended language passed by the legislature
11362.77. (a) A qualified patient or primary caregiver
may possess no more than eight ounces of dried marijuana per
qualified patient. In addition, a qualified patient or
primary caregiver may also maintain no more than six mature
or 12 immature marijuana plants per qualified patient.
(b) If a qualified patient or primary caregiver has a
doctor's recommendation that this quantity does not meet the
qualified patient' s medical needs, the qualified patient or
primary caregiver may possess an amount of marijuana
consistent with the patient's needs.
(c) Counties and cities may retain or enact medical
marijuana guidelines allowing qualified patients or primary
caregivers to exceed the state limits set forth in
(d) Only the dried mature processed flowers of female
cannabis plant or the plant conversion shall be considered
when determining allowable quantities of marijuana under
(e) The Attorney General may recommend modifications to
the possession or cultivation limits set forth in this
section. These recommendations, if any, shall be made to the
Legislature no later than December 1, 2005, and may be made
only after public comment and consultation with interested
organizations, including, but not limited to, patients,
health care professionals, researchers, law enforcement, and
local governments. Any recommended
modification shall be consistent with the intent of this
article and shall be based on currently available scientific
(f) A qualified patient or a person holding a valid
identification card, or the designated primary caregiver of
that qualified patient or person, may possess amounts of
marijuana consistent with this article.
11362.775. Qualified patients,
persons with valid identification cards, and the designated
primary caregivers of qualified patients and persons with
identification cards, who associate within the State of
California in order collectively or cooperatively to
cultivate marijuana for medical purposes, shall not solely
on the basis of that fact be subject to state criminal
sanctions under Section 11357,
11366.5, or 11570.
11362.78. A state or local law
enforcement agency or officer shall not refuse to accept an
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
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
an 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 an
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
(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 an
identification card to engage in the smoking of medical
marijuana under any of the following circumstances:
(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. (a) (1) Any criminal
defendant who is eligible to use marijuana pursuant to
Section 11362.5 may request that the court confirm that he
or she is allowed to use medical marijuana while he or she
is on probation or released on bail.
(2) The court's decision and the reasons for the
decision shall be stated on the record and an entry
stating those reasons shall be made in the minutes of the
(3) During the period of probation or release on bail,
if a physician recommends that the probationer or
defendant use medical marijuana, the probationer or
defendant may request a modification of the conditions of
probation or bail to authorize the use of medical
(4) The court's consideration of the modification
request authorized by this subdivision shall comply with
the requirements of this section.
(b) (1) Any person who is to be released on parole from a
jail, state prison, school, road camp, or other state or
local institution of confinement and who is eligible to use
medical marijuana pursuant to Section 11362.5 may request
that he or she be allowed to use medical marijuana during
the period he or she is released on parole. A parolee's
written conditions of parole shall reflect whether or not a
request for a modification of the conditions of his or her
parole to use medical marijuana was made, and whether the
request was granted or denied.
(2) During the period of the parole, where a
physician recommends that the parolee use medical
marijuana, the parolee may request a modification of the
conditions of the parole to authorize the use of medical
(3) Any parolee whose request to use medical marijuana
while on parole was denied may pursue an administrative
appeal of the decision. Any decision on the appeal shall
be in writing and shall reflect the reasons for the
(4) The administrative consideration of the
modification request authorized by this subdivision shall
comply with the requirements of this section.
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 caregiver to a person who is a qualified patient or
who possesses a lawful 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) A person specified in subdivision (b) shall
be subject to the following penalties:
(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 the county's designee, or state or local law
enforcement agency or officer, for the purpose of falsely
obtaining an identification card.
(2) A person who steals or fraudulently uses any
person's identification card in order to acquire,
possess, cultivate, transport, use, produce, or
(3) A person who counterfeits, tampers with, or
fraudulently produces an identification card.
(4) A person who breaches the confidentiality
requirements of this article to information provided to,
or contained in the records of, the department or of a
county health department or the county's designee
pertaining to an 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, an identification card for a period of up to six
months at the discretion of the court.
(d) In addition to the requirements of this article, the
Attorney General shall develop and adopt appropriate
guidelines to ensure the security and nondiversion of
marijuana grown for medical use by patients qualified under
the Compassionate Use Act of 1996.
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
11362.83. Nothing in this article
shall prevent a city or other local governing body from
adopting and enforcing laws consistent with this
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the California
In addition, no reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for other costs mandated by the state because
this act includes additional revenue that is specifically
intended to fund the costs of the state mandate in an amount
sufficient to fund the cost of the state mandate, within the
meaning of Section 17556 of the Government Code.
* Footnotes to the above:
11366. Every person who opens or
maintains any place for the purpose of unlawfully selling,
giving away, or using any controlled substance which is (1)
specified in subdivision (b), (c), or (e), or paragraph (1)
of subdivision (f) of Section 11054, specified in paragraph
(13), (14), (15), or (20) of subdivision (d) of Section
11054, or specified in subdivision (b), (c), paragraph (1)
or (2) of subdivision (d), or paragraph (3) of subdivision
(e) of Section 11055, or (2) which is a narcotic drug
classified in Schedule III, IV, or V, shall be punished by
imprisonment in the county jail for a period of not more
than one year or the state prison.
11366.5. (a) Any person who
has under his or her management or control any building,
room, space, or enclosure, either as an owner, lessee,
agent, employee, or mortgagee, who knowingly rents, leases,
or makes available for use, with or without compensation,
the building, room, space, or enclosure for the purpose of
unlawfully manufacturing, storing, or distributing any
controlled substance for sale or distribution shall be
punished by imprisonment in the county jail for not more
than one year, or in the state prison.
(b) Any person who has under his or her management or
control any building, room, space, or enclosure, either as
an owner, lessee, agent, employee, or mortgagee, who
knowingly allows the building, room, space, or enclosure to
be fortified to suppress law enforcement entry in order to
further the sale of any amount of cocaine base as specified
in paragraph (1) of subdivision (f) of Section 11054,
cocaine as specified in paragraph (6) of subdivision (b) of
Section 11055, heroin, phencyclidine, amphetamine,
methamphetamine, or lysergic acid diethylamide and who
obtains excessive profits from the use of the building,
room, space, or enclosure shall be punished by imprisonment
in the state prison for two, three, or four years.
(c) Any person who violates subdivision (a) after
previously being convicted of a violation of subdivision (a)
shall be punished by imprisonment in the state prison for
two, three, or four years.
(d) For the purposes of this section, "excessive profits"
means the receipt of consideration of a value substantially
higher than fair market value.
11570. Every building or place
used for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, or giving away any
controlled substance, precursor, or analog specified in this
division, and every building or place wherein or upon which
those acts take place, is a nuisance which shall be
enjoined, abated, and prevented, and for which damages may
be recovered, whether it is a public or private
Medical Marijuana Research program
11362.9. (a) (1) It is the intent of the Legislature that the state
commission objective scientific research by the premier research
institute of the world, the University of California, regarding the
efficacy and safety of administering marijuana as part of medical
treatment. If the Regents of the University of California, by
appropriate resolution, accept this responsibility, the University of
California shall create a program, to be known as the California
Marijuana Research Program.
(2) The program shall develop and conduct studies intended to
ascertain the general medical safety and efficacy of marijuana and,
if found valuable, shall develop medical guidelines for the
appropriate administration and use of marijuana.
(b) The program may immediately solicit proposals for research
projects to be included in the marijuana studies. Program
requirements to be used when evaluating responses to its solicitation
for proposals, shall include, but not be limited to, all of the
(1) Proposals shall demonstrate the use of key personnel,
including clinicians or scientists and support personnel, who are
prepared to develop a program of research regarding marijuana's
general medical efficacy and safety.
(2) Proposals shall contain procedures for outreach to patients
with various medical conditions who may be suitable participants in
research on marijuana.
(3) Proposals shall contain provisions for a patient registry.
(4) Proposals shall contain provisions for an information system
that is designed to record information about possible study
participants, investigators, and clinicians, and deposit and analyze
data that accrues as part of clinical trials.
(5) Proposals shall contain protocols suitable for research on
marijuana, addressing patients diagnosed with the acquired
immunodeficiency syndrome (AIDS) or the human immunodeficiency virus
(HIV), cancer, glaucoma, or seizures or muscle spasms associated with
a chronic, debilitating condition. The proposal may also include
research on other serious illnesses, provided that resources are
available and medical information justifies the research.
(6) Proposals shall demonstrate the use of a specimen laboratory
capable of housing plasma, urine, and other specimens necessary to
study the concentration of cannabinoids in various tissues, as well
as housing specimens for studies of toxic effects of marijuana.
(7) Proposals shall demonstrate the use of a laboratory capable of
analyzing marijuana, provided to the program under this section, for
purity and cannabinoid content and the capacity to detect
(c) In order to ensure objectivity in evaluating proposals, the
program shall use a peer review process that is modeled on the
process used by the National Institutes of Health, and that guards
against funding research that is biased in favor of or against
particular outcomes. Peer reviewers shall be selected for their
expertise in the scientific substance and methods of the proposed
research, and their lack of bias or conflict of interest regarding
the applicants or the topic of an approach taken in the proposed
research. Peer reviewers shall judge research proposals on several
criteria, foremost among which shall be both of the following:
(1) The scientific merit of the research plan, including whether
the research design and experimental procedures are potentially
biased for or against a particular outcome.
(2) Researchers' expertise in the scientific substance and methods
of the proposed research, and their lack of bias or conflict of
interest regarding the topic of, and the approach taken in, the
(d) If the program is administered by the Regents of the
University of California, any grant research proposals approved by
the program shall also require review and approval by the research
(e) It is the intent of the Legislature that the program be
established as follows:
(1) The program shall be located at one or more University of
California campuses that have a core of faculty experienced in
organizing multidisciplinary scientific endeavors and, in particular,
strong experience in clinical trials involving psychopharmacologic
agents. The campuses at which research under the auspices of the
program is to take place shall accommodate the administrative
offices, including the director of the program, as well as a data
management unit, and facilities for storage of specimens.
(2) When awarding grants under this section, the program shall
utilize principles and parameters of the other well-tested statewide
research programs administered by the University of California,
modeled after programs administered by the National Institutes of
Health, including peer review evaluation of the scientific merit of
(3) The scientific and clinical operations of the program shall
occur, partly at University of California campuses, and partly at
other postsecondary institutions, that have clinicians or scientists
with expertise to conduct the required studies. Criteria for
selection of research locations shall include the elements listed in
subdivision (b) and, additionally, shall give particular weight to
the organizational plan, leadership qualities of the program
director, and plans to involve investigators and patient populations
from multiple sites.
(4) The funds received by the program shall be allocated to
various research studies in accordance with a scientific plan
developed by the Scientific Advisory Council. As the first wave of
studies is completed, it is anticipated that the program will receive
requests for funding of additional studies. These requests shall be
reviewed by the Scientific Advisory Council.
(5) The size, scope, and number of studies funded shall be
commensurate with the amount of appropriated and available program
(f) All personnel involved in implementing approved proposals
shall be authorized as required by Section 11604.
(g) Studies conducted pursuant to this section shall include the
greatest amount of new scientific research possible on the medical
uses of, and medical hazards associated with, marijuana. The program
shall consult with the Research Advisory Panel analogous agencies in
other states, and appropriate federal agencies in an attempt to
avoid duplicative research and the wasting of research dollars.
(h) The program shall make every effort to recruit qualified
patients and qualified physicians from throughout the state.
(i) The marijuana studies shall employ state-of-the-art research
(j) The program shall ensure that all marijuana used in the
studies is of the appropriate medical quality and shall be obtained
from the National Institute on Drug Abuse or any other federal agency
designated to supply marijuana for authorized research. If these
federal agencies fail to provide a supply of adequate quality and
quantity within six months of the effective date of this section, the
Attorney General shall provide an adequate supply pursuant to
(k) The program may review, approve, or incorporate studies and
research by independent groups presenting scientifically valid
protocols for medical research, regardless of whether the areas of
study are being researched by the committee.
(l) (1) To enhance understanding of the efficacy and adverse
effects of marijuana as a pharmacological agent, the program shall
conduct focused controlled clinical trials on the usefulness of
marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma,
or seizures or muscle spasms associated with a chronic, debilitating
condition. The program may add research on other serious illnesses,
provided that resources are available and medical information
justifies the research. The studies shall focus on comparisons of
both the efficacy and safety of methods of administering the drug to
patients, including inhalational, tinctural, and oral, evaluate
possible uses of marijuana as a primary or adjunctive treatment, and
develop further information on optimal dosage, timing, mode of
administration, and variations in the effects of different
cannabinoids and varieties of marijuana.
(2) The program shall examine the safety of marijuana in patients
with various medical disorders, including marijuana's interaction
with other drugs, relative safety of inhalation versus oral forms,
and the effects on mental function in medically ill persons.
(3) The program shall be limited to providing for objective
scientific research to ascertain the efficacy and safety of marijuana
as part of medical treatment, and should not be construed as
encouraging or sanctioning the social or recreational use of
(m) (1) Subject to paragraph (2), the program shall, prior to any
approving proposals, seek to obtain research protocol guidelines from
the National Institutes of Health and shall, if the National
Institutes of Health issues research protocol guidelines, comply with
(2) If, after a reasonable period of time of not less than six
months and not more than a year has elapsed from the date the program
seeks to obtain guidelines pursuant to paragraph (1), no guidelines
have been approved, the program may proceed using the research
protocol guidelines it develops.
(n) In order to maximize the scope and size of the marijuana
studies, the program may do any of the following:
(1) Solicit, apply for, and accept funds from foundations, private
individuals, and all other funding sources that can be used to
expand the scope or timeframe of the marijuana studies that are
authorized under this section. The program shall not expend more
than 5 percent of its General Fund allocation in efforts to obtain
money from outside sources.
(2) Include within the scope of the marijuana studies other
marijuana research projects that are independently funded and that
meet the requirements set forth in subdivisions (a) to (c),
inclusive. In no case shall the program accept any funds that are
offered with any conditions other than that the funds be used to
study the efficacy and safety of marijuana as part of medical
treatment. Any donor shall be advised that funds given for purposes
of this section will be used to study both the possible benefits and
detriments of marijuana and that he or she will have no control over
the use of these funds.
(o) (1) Within six months of the effective date of this section,
the program shall report to the Legislature, the Governor, and the
Attorney General on the progress of the marijuana studies.
(2) Thereafter, the program shall issue a report to the
Legislature every six months detailing the progress of the studies.
The interim reports required under this paragraph shall include, but
not be limited to, data on all of the following:
(A) The names and number of diseases or conditions under study.
(B) The number of patients enrolled in each study by disease.
(C) Any scientifically valid preliminary findings.
(p) If the Regents of the University of California implement this
section, the President of the University of California shall appoint
a multidisciplinary Scientific Advisory Council, not to exceed 15
members, to provide policy guidance in the creation and
implementation of the program. Members shall be chosen on the basis
of scientific expertise. Members of the council shall serve on a
voluntary basis, with reimbursement for expenses incurred in the
course of their participation. The members shall be reimbursed for
travel and other necessary expenses incurred in their performance of
the duties of the council.
(q) No more than 10 percent of the total funds appropriated may be
used for all aspects of the administration of this section.
(r) This section shall be implemented only to the extent that
funding for its purposes is appropriated by the Legislature in the
annual Budget Act..