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.
SB 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. | 
