Section 11362.5 of the
State Health and Safety Code
The text of the
Prop 215 initiative follows:
Section 1. Section
11362.5 is added to the California Health and Safety Code, to
read:
11362.5. (a) This
section shall be known and may be cited as the Compassionate Use
Act of 1996.
(b) (1) The people
of the State of California hereby find and declare that the
purposes of the Compassionate Use Act of 1996 are as follows:
(A) To ensure that
seriously ill Californians have the right to obtain and use
marijuana for medical purposes where that medical use is
deemed appropriate and has been recommended by a physician
who has determined that the persons health would benefit
from the use of marijuana in the treatment of cancer,
anorexia, AIDS, chronic pain, spasticity, glaucoma,
arthritis, migraine or any other illness for which marijuana
provides relief.
(B) To ensure
that patients and their primary caregivers who obtain and
use marijuana for medical purposes upon the recommendation
of a physician are not subject to criminal prosecution or
sanction.
(C) To encourage
the federal and state governments to implement a plan for
the safe and affordable distribution of marijuana to all
patients in medical need of marijuana.
(2) Nothing in
this act shall be construed to supersede legislation
prohibiting persons from engaging in conduct that endangers
others, nor to condone the diversion of marijuana for
non-medical purposes.
(c) Notwithstanding
any other provision of law, no physician in this state shall be
punished, or denied any right or privilege, for having
recommended marijuana to a patient for medical purposes.
(d) Section 11357,
relating to the possession of marijuana, and Section 11358,
relating to the cultivation of marijuana, shall not apply 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
physician.
(e) For the purposes
of this section, Primary caregiver means the individual
designated by the person exempted under this act who has
consistently assumed responsibility for the housing, health or
safety of that person.
Sec. 2. If any
provision of this measure or the application thereof to any person
or circumstance is held invalid, that invalidity shall not affect
other provisions or applications of the measure which can be given
effect without the invalid provision or application, and to this
end the provisions of this measure are severable.
Senate
Bill 420
BILL NUMBER: SB 420 -- BILL TEXT
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
physician.
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 $1,000,000.
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 FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(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 conventional medications.
(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 enforcement officers.
(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 cultivation projects.
(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 the
following:
(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 section.
(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 Constitution.
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 appropriate.
(b) "Department" means the State Department of Health
Services.
(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 article.
(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 card.
(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 Code.
(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 any.
(h) "Serious medical condition" means all of the
following medical conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to,
spasms associated with multiple sclerosis.
(10) Seizures, including, but not limited to, seizures
associated with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that
either:
(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 program.
(2) Receive and process completed applications in accordance
with Section 11362.72.
(3) Maintain records of identification card programs.
(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 caregivers.
(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 following:
(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 requesting
applicants.
(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 Section
11362.5.
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 attending
physician.
(4) The name and the duties of the primary caregiver.
(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 following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for
health care or surrogate decisionmaker authorized under another
advanced health care directive.
(3) Any other individual authorized by statutory or
decisional law to make medical decisions for the person.
(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 information.
(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 accurate.
(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
paragraph.
(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 applicant.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health
department or the county's designee that has approved the
application.
(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 following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health
department or the county's designee that has approved the
application.
(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 card.
(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 30 days.
(2) The county health department or the county's designee
determines that the information provided was false.
(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 competent jurisdiction.
(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 article.
(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 year.
(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 occurred.
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,
11358,
11359,
11360,
11366,
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 following:
(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
or 11360.
Click
here to read the amended language passed by the legislature in
2004:
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 subdivision (a).
(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 this section.
(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 research.
(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,
11358,
11359,
11360,
11366,
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
used fraudulently.
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 facility.
(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 court.
(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 marijuana.
(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 marijuana.
(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 decision.
(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 distribute marijuana.
(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 thereof.
11362.83. Nothing in this article shall prevent a city or other
local governing body from adopting and enforcing laws consistent
with this article.
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 Constitution.
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 nuisance.
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