"San Mateo County Medical Marijuana Recognition & Compassion Act"

We the people of San Mateo County ask that all patients, caregivers and their Physicians be given the same rights, recognition and official guidelines as those in other counties in the Bay Area, and statewide under 1996's California Compassionate Use Act or Prop. 215 and Senate Bill 420. (2003-Vasconcellos)



**Text of California Compassionate Act of 1996 or Prop. 215** (taken from http://www.canorml.org/prop/215guide.html#prop)

Compassionate Use Act of 1996
Health and Safety Code Section 11362.5
Sec. (1) a-b 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 the medical use is deemed appropriate and has been recommended by a physician who has determined that the person's 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 to provide 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 nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any rights 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 the 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.




*SB420 TEXT* taken from http://info.sen.ca.gov/pub/bill/sen/sb_0401-0450/sb_420_bill_20031012_chaptered.html


INTRODUCED BY Senator Vasconcellos
(Principal coauthor: Assembly Member Leno)
(Coauthors: Assembly Members Goldberg, Hancock, and Koretz)

FEBRUARY 20, 2003

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 does not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that this requires no reimbursement
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 decision maker 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.
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 school bus.
(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.