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Aggressive, Affordable, and Experienced Marijuana Defense! |
If you have been accused or arrested for a crime you will need an experienced and aggressive Criminal Defense Team on your side. The attorneys at the Law Offices of Sean Tabibian and Associates practice exclusively in the area of Criminal Defense with an emphasis on Medical Marijuana issues. Our lawyers are dedicated trial attorneys serving the accused in every county throughout the State of California. |
We provide an aggressive defense for a vast array of misdemeanors and felonies such as:
ALL DRUG CHARGES * CULTIVATION * POSSESSION * POSESSION FOR SALES * PROBATION VIOLATIONS *Driving Under the Influence (DUI) |
IMPORTANT THINGS MEDICAL MARIJUANA PATIENTS SHOULD KNOW TO STAY OUT OF TROUBLE DURING A POLICE ENCOUNTER
- NEVER CONSENT TO A SEARCH – The cops are not there to be your friends they are interested in arresting you.
- DO NOT WAIVE YOUR MIRANDA RIGHTS – Ask if you are free to leave. If not. Politely ask to have your attorney present during any questioning. KEEP YOUR MOUTH SHUT.
- ALWAYS KEEP YOUR RECOMMENDATION WITH YOU. – If you get arrested and a cop wants to ignore your recommendation, politely ask to have a supervisor take notice of your recommendation and get their badge number.
- DO NOT PACKAGE YOUR MEDICINE IN SMALL BAGGIES OR KEEP EXTRA BAGGIES or PACKAGING MATERIAL ON YOU. Law enforcement will try to charge you with Possession/Transportation for Sales, a much more serious felony. Avoid keeping any Scale on you or your car.
- IF YOU GROW – Stay within the guidelines. Do Not Keep GUNS
- KEEP YOUR BONG, PIPE, MEDICINE etc OUT OF PLAIN VIEW
- DO NOT SELL OR GIVE MEDICINE TO ANY UNAUTHORIZED PERSONS
- DO NOT MEDICATE & OPERATE A VEHICLE – DUI arrest on patients are on the rise. Let the officer know that you are aware Field Sobriety Tests (FSTs) are completely voluntary. Do not agree to perform any of theses FST tests. Politely refuse to do the field sobriety exercises. However, you must submit to a chemical breath or blood test under the “implied consent“ law. DO NOT REFUSE THE CHEMICAL TEST - Refusal of the chemical test will lead to harsher penalties. – Let your lawyer fight and challenge the results and the arrest.
- Everything you tell your lawyer is privileged & confidential and cannot be used against you. Be honest with your attorney so that are there are no surprises in court. The best defense team is an informed defense team!
- MAKE NO MISTAKE ABOUT IT- THE GOVERNMENT HAS EXPERIENCED PROSECUTORS WHO ARE COMMITED TO WORK AGAINST YOU - IF YOU GET ARRESTED – CONTACT MY OFFICES IMMEDIATELY AND WE WILL DEFEND YOU.
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| Sean Tabibian, Attorney at Law is a contributing member of NORML, NACDL, CACJ, CPDA, and a leading authority on criminal laws. On Trial Magazine has voted him as Criminal Defense Attorney of the Year. |
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Incarceration |
Fine |
| Possession |
|
|
|
| 28.5 g or less |
misdemeanor |
none |
$100 |
| More than 28.5 g |
misdemeanor |
6 months |
$500 |
| 28.5 g or less on school grounds while school open (over 18 yers old) |
misdemeanor |
10 days |
$500 |
| More than 28.5 g on school grounds while school open (over 18 yers old) |
misdemeanor |
6 months |
$500 |
| Cultivation |
|
|
|
| Any amount (exception for patients or caregivers) |
felony |
16 - 36 months |
none |
| Sale |
|
|
|
| Gift of less than 28.5 g |
misdemeanor |
none |
$100 |
| Any amount |
felony |
2 - 4 years |
none |
| 28.5 g or less by a minor |
misdemeanor |
none |
$250 |
| Any amount to a minor over 14 years old |
felony |
3 - 5 years |
none |
| Any amount to a minor under 14 years old (includes offering, inducing, distributing, or employing) |
felony |
3 - 7 years |
none |
| Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...) |
| Any conviction of minor under 21 causes driver's license suspension for 1 year. |
| Details |
Possession of 28.5 grams or less of marijuana is not an arrestable offense. As long as the offender can provide sufficient identification and promises to appear in court, the officer will not arrest the offender. Upon conviction of the misdemeanor charge the offender is subject to a fine of $100. Possession of greater than 28.5 grams is punishable by up to six months in jail and a fine of up to $500.
Proposition 36
The Substance Abuse and Crime Prevention Act passed by 61% in 2000
Possession of 28.5 grams or less of marijuana on school grounds when the school is open is punishable by up to 10 days in jail and a $500 fine. Possession of greater than 28.5 grams or more of marijuana in a school zone is punishable by up to six months in jail and a fine of up to $500.
The cultivation or processing of any amount of marijuana is punishable by up to sixteen months in state prison. There is an exception to the cultivation prohibition for patients or patients caregivers who possess or cultivate for personal use by the patient upon approval of a physician.
The laws regarding possession and cultivation of marijuana do not apply to patients or patients primary caregivers who possess or cultivate marijuana for the personal medical use of the patient, upon the recommendation or approval of a physician.
Selling marijuana in any amount is punishable by 2 €“ 4 years in the state prison. Giving away less than 28.5 grams is a misdemeanor and is punishable by a fine of up to $100.
Sale of marijuana to a minor is punishable by 3 €“ 5 years in prison.
For anyone under the age of 21 convicted of any of the above offenses, the state may suspend the offenders drivers license for up to one year.
Possession of paraphernalia is a civil fine of $200-$300 for the first offense and goes up to $5,000-$6,000 for a fifth or subsequent violation within a five-year periood. |
Medicinal Cannabis Practitioners
N. Cal. - S. Cal - Hawaii - Colo. - Nev. - Wash.
On Seeking Physician Approvals
Prop. 215 patients should begin by consulting with their own physicians about medical use of cannabis. If you don't have a medical record of treatment for serious illness, you may not be eliigible for marijuana under Prop. 215.
Many physicians wrongly fear that they can be prosecuted under federal law for recommending marijuana medically. The Ninth Circuit Court of Appeals has upheld a permanent injunction by the U.S. District Court in Northern California forbidding the government from punishing California doctors for recommending marijuana under Prop. 215. The US Supreme Court has upheld the Ninth Circuit's ruling (Conant v. Walters: Oct. 15, 2003). Physicians are accordingly free to recommend marijuana for their patients, so long as they don't actually assist them in obtaining it (see California NORML's Medical Marijuana Guidlines for Physicians). Over 1500 California physicians have recommended medical marijuana under Prop. 215. None have been federally prosecuted for doing so.
Medicinal Cannabis Specialists
The following licensed California physicians are available for consultation as medical cannabis specialists. Patients should have a documented medical record of diagnosis and treatment or a physician referral.
CAUTION: Some commercial clinics have been issuing recommendations through physician's assistants rather than directly through M.D.s. The legality of this procedure has been challenged by law enforcement. If your recommendation has not been issued by a licensed M.D. in person, it may not hold up in court. Patients are advised to check and make sure they are seeing a real M.D., not just an assistant.
Patients should be aware that the state medical board has investigated a number of Prop. 215 physicians on account of complaints by law enforcement that they are overly lax in issuing recommendations. Patients should not assume that a single casual recommendation will automatically guarantee them immunity from potential criminal charges. It is important that you establish a record of regular professional care for your illness.
Northern California
Dr. Roger Stephen Ellis, San Francisco Cal.: Phone (415) 681-0823 http://www.myspace.com/ohiorob420
Dr. Frank Lucido, Berkeley Cal.: Phone (510) 848-0958 www.drlucido.com, www.medboardwatch.com
Dr. Gene Schoenfeld, Sausalito, CA: Phone (415) 331-6832
Dr. Tod Mikuriya, El Cerrito/Berkeley (psychiatrist): Phone (510) 525-1278 http://www.PotDoc.com.
Dr. Hanya Barth - San Francisco (415) 255-1200; Santa Rosa (707) 568-0420; Colfax (530) 210-4450. http://www.howardstreethealthoptions.com%20
Dr. Hany Assad - (510) 839-0723 (Oakland, 1504 Franklin St #101, lower level - walk-ins accepted) 7 days a week www.norcalhealthcare.org.
Dr. Tom O'Connell (510) 444-5771 (Oakland) www.doctortom.org
Dr. William R. Turnipseed, Citrus Heights - Sacto: Phone (916) 722-3433
Dr. Marion "Mollie" P. Fry, California Medical Research Center (office in Cool,
El Dorado Co, CA). www.cannabisdoctor.com Phone 1-866-4-DocFry
Dr. William Toy, Grass Valley (Nevada Co.): Phone (530) 273-5690
Dr. Stephen Banister, 1117 E Main St #C, Grass Valley (530) 274-2274
Dr. Jeff Hergenrather, Sebastopol (Sonoma Co.): Phone (707) 484-7720
Norcal Healthcare, 527 S. State St. Ukiah (707) 468-7400
Dr. Raymond Rowell, Livermore (925) 443-3097
Dr. Philip Denney and Robert Sullivan, 1522 Charles Dr, Redding (530) 242-6784, and 4709 Engle Rd#5, Carmichael (Sac'to County) (916) 978-9777
Medicann (Dr. Jean Talleyrand) (Modesto, Oakland, SF, Santa Cruz, Sacto, San Rafael, Santa Rosa, Ukiah) 866-632-6627 www.medicannusa.com
Southern California
Dr. Philip Denney and Robert Sullivan, 22691 Lambert St, Lake Forest, Orange County; (949) 855-8845
Dr. Claudia Jensen, 8 N. Fir St Ventura; and 34281 Doheny Park Rd 7538 Capistrano Beach (805) 648-LOVE (5683).
Dr. James Eisenberg, Santa Monica 877-468-5874
Dr. Christine Paoletti, 1304-15th St #405, Santa Monica 310-319-6116 www.cannadvise.com
Dr. Vivi Stafford Mathur, 6051 San Vicente, Los Angeles (323) 954-9162
Dr. William Eidelman, 1654 N. Cahuenga Blvd, Los Angeles (323) 463-3295 www.dreidelman.com
Dr. Dean Weiss, 46 Park Ave., Venice (310) 437-3407
Dr. Wesley Albert, 1605 W. Olympic Blved #9090, Los Angeles (213) 477-4186
Dr. Craig S. Cohen, 8240 Santa Monica Blvd, West Hollywood (310) 295-7267 www.craigcohenMD.com
Dr. Robert Sterner, San Diego: Phone (619) 543-1061
Dr Alfonso Jimenez:
o 420 K St #13, San Diego (619) 913-2860 www.medicalmarijuanaofsandiego.com
o 303 Broadway #204 Laguna Beach Orange County (714) 915.8734 www.medicalmarijuanaoforangecounty.com
o 9663 Santa Monica Blvd. #999 Beverly Hills (310) 923-2626 www.medicalmarijuanaoflosangeles.com
Dr Joseph Altamirano, Orange County (949) 551-6447
Dr Kenneth Johnson, MediMAR Clinic, 2667 Camino Del Rio, South #315, San Diego (619) 297-3800 www.medimarclinic.com
Dr. Joseph Durante, 72205 Painters Path, Palm Desert (760) 341-7777
CCW, San Pedro, Burbank (310) 872-6732 www.cc4wellness.com
Norcal Health Care, 2808 F St. #D, Bakersfield (661) 322-4258
Medicann (Dr. Jean Talleyrand) San Diego, W. Hollywood 866-632-6627 www.medicann.com
Alternative Care Consultants: www.accsocal.com(866) 420-7215
o Dr Benjamin Graves
o 4452 Park Blvd #314 San Diego (866) 420-7215
o 4647 Long Beach Blvd Long Beach(866) 420-7215
o 1733 N. Palm Canyon Dr Palm Springs (866) 420-7215
o Dr Robert Cohen, 6333 Wilshire Blvd #209, Los Angeles(866) 420-7215
Cal. Physician Referral Services
California Alliance for Medical MJ Patients (Ventura - LA area) (805) 890-1365
Pacific Support Services - Greater LA 877-468-5874
Natural Remedies Health Center Clinic- 2141 Broadway #8, Oakland (510) 444-5771.
West Hollywood Medical Marijuana Evaluations 866-468-5876
Oakland Doctors' Medical Clinic - (call for appointment): (510) 839-0723
West Coast Medical Sunnyvale & Hayward ( 650) 669-3052.
Fort Bragg - Mendo. Healing Alternatives - appointments: (707) 964-2756
Cannabis Patients' Cooperatives and Support Groups
Cal NORML makes no representation as to the quality, service, reliability, or compassion of any of the following coops, dispensaries, delivery services, and patients' groups. For some consumer reviews see GanjaGrocer.com www.growingplantsisnotacrime.com and weedtracker.com
For a discussion of the legalities of cannabis clubs, see California NORML's Tips for Would-be Cannabis Providers.
North Coast - Central Valley to Redding - Sacto - S.F. - North Bay - East Bay - S. Bay - StaCz - S. Central Valley/Bakersfield - Central Coast - Southern CA - LA - OC/Riv/SBd- San Diego -Nevada - Oregon - Wash - Hawaii - Colorado- BC
North Coast
Herban Legend, 18300 Old Coast Hway#3, Fort Bragg (707) 961-0113; M-Sa 11am-6pm.
Mendo Remedies, 42400 Highway 101, Laytonville (707) 984-7101.
Caregiver Compassion Center - Santa Rosa - 4349 Mongtomery #D (707) 537-7303 (waiting list - limited membership).
North Bay Wellness Coop- 3386 Santa Rosa Ave, Santa Rosa www.norbaywell.com. Open 10-6:45 M-F; 10-4:45 Sa.
Sonoma Alliance for Med MJ (707) 522-0292 - Advocacy & education (Does not distribute).
Sonoma (Guerneville): Marvin's Gardens 707-869-1291
Sonoma Co. Compassionate Services Delivery 707-972-7818
Lake Co. Holistic Solutions, 14240 Lakeshore Dr, Clearlake (707) 995-9000 Open 11-7 M-Sa.
Lake Co D & M Compassion Center, 15196 Lakeshore Blvd, Clearlake (707) 994-1320
Lake Co Alternative Caregiver Clinic, Clearlake Oaks (707) 998-0358 lacc@mchsi.com
Ukiah Compassionate Caregivers: (707) 462-0691 (INFO ONLY)
Ukiah Hemp Plus Ministeries, 892 N. State St. (707) 468-1478.
Central Valley & Foothills to Redding
Amador Co: Sierra Foothills CC (delivery service) 209-274-6727.
B.R.A. Medical Cannabis Alliance - Butte Co . (530) 228-4955 catscats95969@hotmail.com
NorCal Medical Cannabis Collective - Chico (530) 354-1114 indicanna@gmail.com
Calaveras CC (delivery service) 866-401-2228. Open 7 days, 8am-8 pm; low-income patients welcome.
Merced Patients' Group (209) 726 - 5216 mercedpg@sbcglobal.net (patient support)
Merced County Patient Coalition MercCountyPC@aol.com (patient support)
Total Healthy Choice, 4213 McHenry Ave. #E, Modesto (209) 521-2557 Open 9-8 everyday.
California Healthcare Collective - 1009 McHenry Ave.#D, Modesto (209) 577-4556 Open 10-7 daily.
28/16 Collective Corp., 4459 Spyres Way #E, Modesto (209) 622- 9404. Open 10-7 daily.
MMJ Caregivers Association of El Dorado Co. (Placerville) (530) 642-8258
Golden State Patient Care Collective, 233 Hwy 174, Colfax (530) -346-2514. M-Sat 9 - 5.
Dale's Delivery Service (Nevada City - Roseville) (530) 277-1810. M-F 10-6pm, Sa 11-3pm.
Paradise Alliance Med MJ Delivery Service (530) 966-0981
Plumas Co. - Feather River Coop: 530-283-4517 (info)
Sacramento area deliveries - Jim'z Deliveries (916) 519-5328 Hours 10 - 6.
San Joaquin Co. Medi-Caregivers delivery Manteca/Tri-Valley (209) 456-0680
Shasta Herbal Delivery (530) 725-8281 Hours M-Th 10-6.
Siskiyou County Medical Cannabis Co-op Research & Registration Center: Weed CA (530) 938-1768 littleloulou@snowcrest.net
Stanislaus/Central Valley Co-op: Primary Caregivers & Consultants (209) 818 - 2932 CACaregivers@aol.com
High Flight Deliveries - Stockton/Tri-Valley area , (209) 346-4489 - 10% discount for cancer patients
Sutter Co. Patient Care Collective (hospice caregivers info & support)
(530) 671-0459
Yuba County Cannabis Buyers' Collective (530) 749-7497
Sacramento
Sacramento - River City Patients' Center (916) 649-0114
Sacramento -Capitol Alternatives 1611 - 20th St. 916-497-0277 Open
9-7 M-Fr; 9-5 Sa.
Sacramento - Doctor's Orders 4011 Winters St. (916)564-2112 M-Th 10-6, Fr 10-8, Sa 10-6, Su 10-3.
Sacramento - Canna Care, 320 Harris Ave #G (916) 925-1199 M-F 11-8;
Sa-Su 12-5.
Sacramento The Greenhouse (916) 366-0420 or (916) 868-9566 call for verification and directions; Hours 10-6 everyday.
Sacramento - MedSac916: (916) 806-2314 www.medsac916.com
Sacramento - End of the Rainbow deliveries: End-of-the-Rainbow@Hotmail.com 916-369-6000 or 916-698-6249.
Sacramento/Solano/Central Valley/San Jose/Santa Cruz deliveries: Growth Unlimited 1-888-MED-CANN
Sacramento area deliveries -Today's Holistic Caregivers (661) 946-6600 caregivers420@yahoo.com
Sacramento area Sam's deliveries (916) 717-4848. Hours 10-6.
East Bay
Berkeley
Berkeley Cannabis Coop (Shattuck Ave): (510) 486-1025
Berkeley Patients' Group (2747 San Pablo Ave): (510) 540-6013 www.BerkeleyPatientsGroup.com
Berkeley Patients' Care Collective (2590 Telegraph Ave): (510) 540-7878 medicalmarijuanainfo.com
Contra Costa Co.
ME Delivery (510) 758-3269
Maricare - 127 Aspen Dr., Pacheco (also deliveries) (925) 459-2929 11am - 7 pm
Holistic Solutions, 2924 Hilltop Mall Rd, Richmond (510) 243-7575
Tender Holistic Care, 5230 Pacheco Blvd, Pacheco (925) 798-MEDS (6337)
Alameda County - Hayward/Tri-Valley
Hayward Patients Resource Center 22550 Foothill Blvd. 510-581-8640. Open 11- 9 daily, also deliveries & MD clinics (888) 389-6360.
Local Patients' Cooperative (22630 Foothill Blvd 2nd Floor, Hayward) 510-537-2405. Open 10am-10pm everyday; (wheelchair access to 9:30 pm - call in advance).
Garden of Eden, 21227 Foothill Blvd Hayward (510) 881-2160 Open 9-9 daily.
Compassionate Collective of Alameda County, 21222 Mission Blvd, Hayward. Open M-F 9-7, Sa-Su 11-7.
We Are Hemp (San Lorenzo) 913 East Lewelling Blvd (510) 276-2628 M-Sa 11-8.
Tri Valley Area: The Greene: (925) 989-0724. *** Closed by City of Dublin 12/05
Oakland
Official city ID cards & patient info available at the Coop Store: 1733 Broadway (510)832-5346 www.rxcbc.org.
City Licensed Clubs
SR-71 - 377 - 17th St. (510) 251-0690. Open M-F 9 - 8; Sa 10- 8, Su 10 - 6
CARE - 701 Broadway
Purple Heart Center - 415 Fourth. St. (Jack London Sq) Opening Jun-Jul 2006.
San Francisco
SF Medical Cannabis Clinic #1, 122 Tenth St (at Mission) 415-626-4781 Open M-W 11-7; Th - Sa 10-7; Su 11-6.
CannaMed Care Center, 1211 Sutter St (lower) (415 )885-8007 www.cannamedcare.com Open 1-9 M-Sa, 1-6 Su.
Alternative Herbal Health, 442 Haight St. (415) 864-1300. Open 11-8 M-SA.
The Vapor Room, 609A Haight St. (MD consultations available). Open M-Sa 11AM - 9PM; Su 12 - 8PM
The Hemp Center (4811 Geary Blvd) 415-221-HEMP
Love Shack (502 14th St. at Guerrero) (415) 552-5121 www.lssf.com
SF Medical Cannabis Clinic #2, 194 Church St. (open 11- 7 M-F, 11-5 Sa-Su) (415) 626-4781
Ketama, 14 Valencia St. (415) 706-2679 open 11-8 M-Sa, 12-6 Su.
Holistic Solutions, 722 Columbus St. (415) 296-7614 open 11-6 everyday
New Remedies Cooperative (1760 Mission at Duboce) (415) 864-0114 (open everyday 8 - 8)
Green Door, 843 Howard St. (415) 541-9590 www.GreenDoorInfo.com Open 11-8 everyday
Alternative Patient Caregivers, 953 Mission St. #40 (between 5th & 6th) (415) 618-0680 (11-7 M-F, 11-5 Sat).
Alternative Relief Co-Op 1944 Ocean Ave.(415) 239-4766 natural herbs & tea (noon - 7 pm M-Sat). Deliveries to in-patients in SF hospitals. www.alternativerelief.org
San Francisco ACT-UP (1884 Market St): (415) 864-6686 www.actupsf.com
Valencia Street Caregivers, 208 Valencia St. (415) 621-0131 Open 8am -10pm.
Sweetleaf Collective (415) 273-4663 - For low-income AIDS, cancer patients
San Francisco Patients' Cooperative (350 Divisadero St): (415) 552-8653 www.sfprc.org
The Hopenet Coop, 223 Ninth St. (415) 863-4399 Open M-F 12-7, Sa 12-5.
Bernal Heights Co-op Dispensary 33 - 29th St. (415) 642-5895 Open 10-9 M-Sa, 12-7 Su
The Divinity Tree, 958 Geary St. (415) 292-6052 Open 11-7 except Tues.
Mason St. Dispensary, 120 Mason St. (415) 433-4420 www.masondispensary.com- 7am-9pm daily
Mr. Nice Guy, 174 Valencia St.(415) 865-0990 Open 11-9 Su -Th; 11-11 F-Sa www.mrniceguysf.com.
Emmalyn's 1597 Howard St. #A 415-861-1000 Daily 10-8.
Patients Helping Patients Home Bike Delivery (415) 240-7190
Good Fellows Smoke Shop, 473 Haight St (415) 255-1323 Daily 10-10.
Sanctuary, 669 O'Farrell (415) 885-4420
Purple Heart, 1326 Grove St. (415) 409-1002. Open 11-9 daily
Re-Leaf Herbal Center, 2980 - 21st. St (415) 235-3307. Open 12-8 M-Sa.
Grass Roots Clinic, 1077 Post St. (415) 346-4338 Open 10-7 M-Sa, 10-5 Su.
Happy Days Herbal Relief, 607 Divisadero (415) 359-9927. Open 12-10 M-Th, 12-12 F-Sa, 11 - 7 Su.
Golden Triangle - 1334 Haight St Open M - Sat 11 - 9 PM ; Sun. 11 - 8.
Marin - North Bay
Marin Alliance for Medical MJ: (415) 256-9328 www.cbcmarin.com
Here2Help-707 - Solano Co. deliveries homebound patients only M - Th 9am - 7pm
mailto:here2help_707@hotmail.com%20
South Bay
Kind Care Resource Center, 5423 Central Ave. #13, Newark (510) 796-KIND Open 10-8 daily.
Auto-Med RX - West Santa Clara Co. deliveries (408) 509-4905
Mobile Meds RX - East Santa Clara Co. deliveries (408) 661-2366
Mobile Herbal Therapy (San Mateo - San Jose deliveries) 866-240-9121
Peninsula Patients Delivery Service (San Mateo Co. - Peninsula ) 650-862-5046
San Jose & Santa Cruz area deliveries: Growth Unlimited 1-888-MED-CANN
My Green Heaven Ministry, Millbrae www.mygreenheaven.org
Cal Medical MJ Patients Association (Belmont) (650) 520-9971- 24 hours; www.myspace.com/ohiorob420.
Santa Cruz
Wo/Men's Alliance for Medical MJ: (831)425-0580 (NOT a dispensary, but a collective for seriously ill Santa Cruz patients in hospice care) www.wamm.org
Greenway Compassionate Relief, 140 Dubois St #D (831) 420-1640 Open 11-6 M-F, 10-6 Sa.
Med Ex Delivery Service: (831) 425-3444
Hemporium - LLC Delivery Service (831) 295-9381 or (831) 295-3511
Central Coast - Santa Barbara
Hezekiah Inc, 92 - 2nd St. #H, Buellton (805) 693-5790 - open M-F 9-6, Sa 10-4.
Central Coast Compassionate Caregivers, 780 Monterey Ave #B, Morro Bay (805) 772-4879
Compassion Center of Santa Barbara County - SBC Collective, 119 N. Milpas St #C, Santa Barbara, 805-963-9797 Hours 12-5 M-F, 11-3 Sa.
Santa Barbara Patients' Group, 3114 State St. (805) 687-8988; for patient preverification FAX MD documentation to: 805-456-0710 - open M- SA 11am - 5pm.
Helping Hands Wellness Center, 4141 State St. #F-4 Santa Barbara (805) 692-1419. Open 10:30-8:30 daily.
Pacific Greens, Inc., 816 Milpas St, Santa Barbara (805) 963-0616 Open 10-8 daily.
Santa Barbara Patient Doctor Coalition (805) 687-2380 PDCOALITION@cox.net
Central Valley South - Bakersfield
Medicinal Marijuana Awareness and Defense, 209 W. Main St #1, Visalia - by appointment only (559) 627-6623
Charity Caregivers of Tulare, 219 N. M St. #106, Tulare (559) 688-2001
Nature's Medicinal, 323 Roberts Ln, Bakersfield (661) 392-9353 Open 11-9 everyday.
Canna-meds, 1450 Crestmont Dr, Bakersfield (661) 871-0420 Open 11-8 M-Sa.
Sweet Relief Compassionate Center, 1340 Roberts Ln. #1, Bakersfield (661) 399-4200. Open 9 am - 10 pm M-F, 9-5 Sa.
American Caregivers Collective, 3615 Gillmore Ave, Bakersfield (661) 324-1353. Open 10 - 7 daily. Americancaregiverscollective.com
Southern CA Deliveries
o Dr. Green's medical grade drgreen@safe-mail.net
o Pharmakeia (LA/Orange/Riverside/S.D./S.Barbara) (323) 462-1516 (M-Sa 10am - 12 pm) www.pharmakeia.org - info@pharmakeia.org
Los Angeles Area - Downtown & West -W. Hollywood - Valley - East LA - S Bay/Long Beach
Downtown & West LA
The Holistic Caregivers, 1321 E. Compton Blvd, Compton (310) 889-4799; for deliveries phone (310) 764-4740. Open M-Sa 9am-7pm.
Inglewood Wellness Center 318 S. Market St. (310) 674-4444 www.InglewoodWC.org
Los Angeles Medical Caregivers, 5589 Manchester Ave. Los Angeles (310) 410-9954. Open M-Sa 10 - 7.
A-1 Compassionate Collective, 301 N Prairie Ave #512, Inglewood (310) 673-2122 ("A1CC"); M-Sa 11-7.
Arts District Healing Center, 620 E. 1st St. Los Angeles (213) 687-9981 Open Tu-Sa 11am -10 pm.
"@ Downtown" Wellness Center, 312 W. Olympic Blvd, Los Angeles (213) 746-3355. Open Tu - Su 10am-6pm.
United Medical Caregivers Clinic, 1248 S. Fairfax, Los Angeles (310) 358-0212 Open 10-7 M-F.
KUSH Collective, 1111 S. La Brea Blvd, Los Angeles (323) 938-KUSH Open 11-11 M-Sa.
Eat Grass Bakery - Gourmet Sweets & Entrees Los Angeles (213) 241-9283 eatsumgrass@yahoo.com
Quality of Life Activities (QOLA) Silverlake - Los Angeles Call for info: (323)-644-1209 Hours: 10-7 M-Sa.
LA Compasionate Care Silverlake 13th - 2227 Sunset Blvd (213) 484-1001; en español (213) 272-9489
California Patients' Group, 6208 Santa Monica Blvd Hollywood (between Vine & 101) (323) 464-7052 www.CaliforniaPatientsGroup.org Free valet service M-F after 4 pm.
Hollywood Patients' Group, 6115 Selma Ave #103 Hollywood (323) 464-6465. Open 10-10 daily
Earth Collective, 5115 Sunset Blvd., Hollywood (323) 668-7633 www.earthcollective.org. Open 11-9 daily.
Hezekiah Inc., 6051 Hollywood Blvd #202 (at Gower), Hollywood (323) 683-8017 Open M-F 8-8, Sa 10-6.
Hollywood Compassionate Collective (HCC), 1110 N. Western Ave #204, Hollywood (323) 467-7292. M-F 11-7; Sa 12 -8 pm www.hollywoodcollective.com.
The Lomita Vapor Lounge, 14829 Hawthorne Blvd #203, Lawndale (310) 432-3262. Open 11-7 daily.
PCH Collective 22333 Pacific Coast Hwy #102A Malibu (310) 456-0666 Open 12-8 M-Sa.
CALM 21355 Pacific Coast Hwy #100 Malibu (310) 317-6298 Open Su-Th 11-8; Fr & Sa 11-9.
Marina Caregivers, 3007 Washington Blvd. #225, Marina Del Rey (310) 574-4000. Open 4pm - 11pm.
Alternative Caregivers Discount Dispensary - 122 S. Lincoln Ave #204, Venice (877) 219-3809. Open M-Sa 12-8.
Venice Beach Wellness Collective (private membership collective) Venice (310) 399-7100.
Westside Compassionate Caregivers, 2355 Westwood Blvd, West LA (310) 474-8459 Open M-Sa 10-8, Su 10-6.
Comfort Care Group, 1720 Westwood Blvd, Westwood (310) 441-8315 Open 7am-8 pm. www.comfortcaregroup.net
Pain Free Society of California, 136 Main St. #C, El Segundo (deliveries to West LA, Hollywood, Orange, Riverside, San B'dno) (310) 925-1346 Open 8am-midnight.
Crescent Alliance for Sickle-Cell / Nigritian Kief Society (Sister Somayah) Los Angeles (323) 232-0935 www.hempishep.com
West Hollywood
LA Patients and Caregivers Group - 7213 Santa Monica Blvd, West Hollywood (at Formosa) (323) 882-6033 www.LAMedicalMarijuana.com
AHHS (Alternative Herbal Health Services) 7828 Santa Monica (@ Fairfax) West Hollywood (323) 654-8792 call for hours.
Medical Marijuana Farmacy 7825 Santa Monica Blvd (323) 848-7981 (LA area deliveries) M-Sa 10am-8pm; Su 12 pm-7pm.
West Hollywood Caregivers 7901 Santa Monica Blvd #206 (323) 656-2033 open 11-8 everyday.
California Cannabis Pharmaceuticals, 8464 Santa Monica Blvd, W. Hollywood (323) 656-6611.
West Hollywood Center for Compassionate Healing, 8921 Sunset Blvd. @ San Vicente (park across street at Hustler) (310) 626-3333 open to midnight.
The Health Center, 8961 W. Sunset Blvd W. Hollywood (310) 275-0446.
West LA Collective Caregivers delivery service (310) 953-2475 www.WLACC.net. Serving the west side 9:30am-10pm Daily.
San Fernando Valley
Natural Relief Center, 7223 Owensmouth, Canoga Park (818) 703-8599 Daily 11-7.
Chatsworth Caregivers Group, 21708 Devonshire St, Chatsworth (818) 998-9700, www.chatsworthcg.com
North Valley Discount Caregivers, 15600 Devonshire #203, Granada Hills (818) 920-3110. Open 12 - 8 daily.
RNS Caregivers United, 10545 Burbank Blvd, North Hollywood (818) 763-7479 M-SA 11-7.
North Hollywood Collective, 10929 Vanowen St. #110 (818) 763-4008.
NoHo Caregivers, 4296 Vineland North Hollywood (818) 754-0834 Open 11-8 daily.
Cannamed of Northridge, 9349 Melvin Ave. #9 (818) 882-4849 - 10 am -7 pm M-Sa.
Valley Co-Op, 8363 Reseda Blvd #203, Northridge (818) 727-1419. Hours 11-7 M-Sa, 11-5 Su.
Northridge Healing Center, 8349 Reseda Blvd #D, Northridge (818) 701-6666. Hours 11-8 M-Sa, 2-7 Su.
San Fernando Valley Patients Group, 8805 Reseda Blvd, Northridge (818) 734-2778, Open 11-9 daily.
Therapeutic Medicinal Health Resources, 14836 Burbank Blvd, Sherman Oaks (818) 988-9615 Hours M-F 11-7; Sa-Su 12-6.
H.I.M. 13509 Ventura Blvd, Sherman Oaks (818) 907-1601 Hours M-F 10-9, Sa 12-9, Su 12-7.
Compassionate Care of Studio City (no relation to "Compassionate Caregivers") , 11314 Ventura Blvd (818) 506-7207 www.ccscity.com (med. menu on website) Open M-Th 11-7, Fr 11-8, Sa 12-8.
Valley Collective Co-op, 12500 Riverside Dr #201B, Studio City (818) 508-8787 Open M-SA 11-7, Su 11-5
Valley Independent Pharmacy, 19459 Ventura Blvd, Tarzana (818) 345-5477 open 10-7 daily.
Trichome Healing Caregivers, 7100 Van Nuys Blvd #204, Van Nuys (818) 373-5000. Open 10-8 daily - disabled access
Southern California Caregivers, 15333 Sherman Way #Q, Van Nuys (818) 988-0699 Open 10-7 daily. Deliveries, disabled access.
Mother Nature's Remedy Caregivers, 17302 Saticoy St, Van Nuys (818) 345-MEDS www.mothernaturesremedy.org. Hours 2:15 - 10 pm Tu-Su.
California Collective Center, 14532 Friar St. #A, Van Nuys (818) 781-8865; open 11-7 daily.
Valley Healing Caregiver Center, 7232 Van Nuys Blvd, Van Nuys (818) 331-4786 Open M-Sa 10-7.
West Valley Caregivers, 23067 Ventura Blvd #102, Woodland Hills (818) 222-9212 Open 12 - 10 daily.
H.I.M., 22831 Ventura Blvd, Woodland Hills (818) 225-2426. Open 12-8 everyday.
East Los Angeles Area
Cal Medical Caregivers Assoc., 15838 Halliburton Rd. Hacienda Heights (626) 336-2652 Open 11-7 daily.
CMCA - LA, 3430 Whittier Blvd, Los Angeles (323) 261-2009 www.calicaregivers.com Open 11-7 everyday.
Tahoe Medical Collective, 13050 E. Valley Blvd #204, La Puente (626) 330-1948 or (323) 209-7302
W. M. P. C. 11618 Washington Blvd #D, Whittier (562) 692-3576 Open 11 am - 7 pm.
Whittier Collective 12450#A East Washington Blvd. Some free medicine given to every patient who asks. (562) 696-9696 Open M-F 11-7; Sa 11-6; Su 10-3
Legal Ease, 468 W. Arrow Hwy, Covina office: (626) 967-1300.
Long Beach and South Bay
Green Cross of Torrance, 22926 Hawthorne Blvd, Torrance (310) 378-4900. Open 10-8 daily.
Cancer Help Center Herbal Collective, 3381 Long Beach Blvd @ Wardlow. Long Beach 562-424-HERB Open M-F 11-8, Sa-Su 11-7
CCLB (Compassionate Caregivers of Long Beach) 4242 E. 4th St. Long Beach (562) 621-9777 Open daily 11-7.
Nature's Way Compassion Group, 1111 S. Pacific Ave. San Pedro (310) 514-9665 Open M-Sa 12-7.
Palos Verdes Collective, 716 Yarmouth Rd. #215, Palos Verdes Estates (877) 420-2150, (310) 541-0608. Open Tu - Sa 12 - 8 PM.
The Lawndale Collective, 14829 Hawthorne Boulevard, Suite 204, Lawndale (310) 644-9420.Open 11-7 daily.
California Caregivers' Assoc. of Redondo, 201 Herondo St. #100, Redondo Beach (310) 374-1738.
Med/A/Cab delivery service - Long Beach and mid-cities (562) 256-5066 open 11-7 everyday.
Low Cost Deliveries - downtown Long Beach & surrounding area (562) 753-3165 Hours 10-10 daily.
Freeway Farmacy delivery Beach cities El Segundo to Huntington Beach (310) 349-9135
South Bay 420 Collective Delivery Service - South Bay beach cities, San Pedro and Long Beach - (310) 908-7764; FAX (866) 619-5942 harpincsb@netscape.net
Diamond Delivery - Long Beach to North Orange Co. (562) 331-5415
Orange - San Bernardino - Riverside
215 Patient Bakery (edibles only) and 420 Primary Caregivers delivery service 421 N. Brookhurst #130, Anaheim (714) 758-3500 Bakery open M-Sa 11-7. www.420primarycaregivers.com
C-3 Collective - full service + deliveries, Orange Co (714) 618-5221 / S. LA/N. SD, (714) 396-6770 Riverside: www.californiacc.net
The After Hours Collective, Orange Co. deliveries (949) 836-3601 Open M-Su 24/7. Free meds for terminally ill. www.OrangeCountyDeliveries.Com
Laguna Beach Collective, Broadway & Pacific Coast Hw'y, Laguna Beach (949) 400-9345. Open M-F 11-7, Sa-Su 11-5.
Healing Nations Collective, 80 W. Grand #122, Corona (951) 737-5100 Open 10-8 M-Sa. www.healingnc.org
Med-Drop deliveries Norco/Riverside/Corona (951) 833-3668 meddropie420@yahoo.com.
Inland Empire Herbal Caregivers Delivery service San Bernardino Co. (951) 537-0235.
Green Ease Collective & Delivery serving San Bd'no/Big Bear/Hemet/Riverside (951) 258-6712 - www.greenease.org
C.A.P.S. (Collective Apothecary of Palm Springs), 333 N. Palm Canyon Dr #118, Palm Springs (760) 325-1112 Open 11-7 daily.
CannaHelp, 73350 El Paseo #204, Palm Desert, 877-760-4367 Open 10-8.
OCMC (Orange County Medicinal Collective) 24412 Muirlands Blvd #1, Lake Forest (949) 855-0310.
Humble House deliveries to Orange County (949) 395-9588.
South Orange County Primary Caregiver deliveries (949) 246-9395 primarycaregivers@gmail.com
A.R.C. Collective - Orange Co. deliveries (714) 999-9696.
Delta 9, Riverside Co. deliveries (760) 992-6852 Hours: 10-8 daily.
KGB Meds (San Bernardino - High Desert delivery service) (760) 246-7047 Hours: 8am - 7pm kgbmeds@yahoo.com.
Dank Meds (San Bernardino deliveries) (760) 246-7396 Mon-Sat. dankmeds@yahoo.com Daily 9am - 6pm.
Freeway Farmacy delivery Beach cities El Segundo to Huntington Beach (310) 349-9135
Northern Lights Church (statewide support group) Laguna Beach (949) 222-4209 northernlightschurch.org or www.thehealingexchange.org
San Diego
North County Medical Caregivers delivery service (760) 277-4059 northcountymedical@yahoo.com. Open 12 - 9 everyday.
San Diego area deliveries: www.medbud4u.com
Cannabis Caregivers San Diego Co. deliveries (414) 418-0140.
www.geocities.com/cannabiscaregiver/420.html - mailto:cannabiscaregiver@yahoo.com%20
San Diego Legal Ease, Inc. 4411 - 30th St. #100, San Diego 619-516-2471. legalease.us Hours: 10-8 everyday. Deliveries to members.
San Diego Caregivers delivery service (760) 580-0745 (serving S.D. and south Riverside Co.)
San Diego Compassion Club delivery to S.D. area (619) 417-4119 www.sandiegocompassion.com
SD-MAD €“ San Diego Medical Access Delivery €“ deliveries to San Diego County (800) 417-5134 Ext. 1000 www.sdmad.com Open 11-7 M-Sa.
San Diego Medical Access Delivery deliveries to San Diego County (800) 417-5134 x1000 www.sdmad.com Open 11-7 M-Sa.
California Medical Center, 5544 La Jolla Blvd, San Diego (858) 405-9496 Open 12-7 everyday.
P.B.R., 1165 Garnet Ave, Pacific Beach (858) 270-MEDS (6337). Open 11 -9.
Ocean Beach Dispensary, 4230 Voltaire Ave. #2, San Diego (619) 549-2014 obdispensary.com Open 9am-11pm M-Sa, 9-5 Su.
Co-Op Mira Mesa, 11271 Camino Ruiz, San Diego (858) 271-8020. Hours 11-7 everyday.
Native Sun Dispensary, 3806 Rosecrans, San Diego (619) 299-2837. Open 11-8 Sa - Th; 11-9 Fr.
Co-Op SD, 7875 Convoy Ct #6, San Diego (858) 610-1674. Open 11-7 everyday.
American Caregivers Co-op, North SD County deliveries (760) 420-0478.
San Diego Patients Health & Caregiving Co-Op, 1806 W. Washington St, San Diego (619) 417-0006 info@sdphca.com Open 12-7 daily.
The Healing Room, 5805A Mission Gorge Rd, San Diego (619) 501-1970 Open 11-7 except Sun. www.thehealingroomsandiego.com
San Diego Compassionate & Safe Access, 3778 - 4th Ave. (619) 795-9447 Open 11-8 everyday.
Morena Care Group, 1231 Morena Blvd. San Diego (619) 276-1146 morenacaregroup@sbcglobal.net Hours: 12-8 daily.
Farm A.C., 6070 Mt Alifan Dr #202 (behind Coco's on Balboa) San Diego (858) 278-5880 Hours 10-10 daily. www.SDFarmAC.com.
Holistic Healers, 3066 University Ave, San Diego (619) 794-0347 Open 12-8 everday.
Chronic Care Co-Op, Inc., 6729 Convoy Ct (near Kaiser Hospital), San Diego (858) 292-5991 Open 12-8 daily except Wed.
The Giving Tree, 6186 University Ave, San Diego (619) 737-8687 Open M-Th 11-7; F - Sa 11-8; Su 12-5.
Utopia Dispensary, 4843 Voltaire St. #A, San Diego (619) 222-6900 utopiadispensary.com 10 -8 M-Sa, 12-6 Su.
Top Shelf Medicinal Alternatives, Solana Executive Plaza, 215 S. Hwy 101 #214, Solana Beach (619) 277-4487 or (619) 804-5723. Open M-Th 10-7; F-Sa 10-8; Su 12-6.
California Health & Safety Code 11018 Marijuana means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
HS 11006.5: Concentrated cannabis means the separated resin, whether crude or purified, obtained from marijuana.
SECTION 11357-11362.9
Pertaining to marijuana
HS 11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, or shall be punished by imprisonment in the state prison.
(b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). Notwithstanding other provisions of law, if such person has been previously convicted three or more times of an offense described in this subdivision during the two-year period immediately preceding the date of commission of the violation to be charged, the previous convictions shall also be charged in the accusatory pleading and, if found to be true by the jury upon a jury trial or by the court upon a court trial or if admitted by the person, the provisions of Sections 1000.1 and 1000.2 of the Penal Code shall be applicable to him, and the court shall divert and refer him for education, treatment, or rehabilitation, without a court hearing or determination or the concurrence of the district attorney, to an appropriate community program which will accept him. If the person is so diverted and referred he shall not be subject to the fine specified in this subdivision. If no community program will accept him, the person shall be subject to the fine specified in this subdivision. In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
(c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in the county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment.
(d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in the county jail for a period of not more than 10 days, or both.
(e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school-related programs is guilty of a misdemeanor and shall be subject to the following dispositions:
(1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed.
(2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed.
HS 11358. Every person who plants, cultivates, harvests, dries, or processes any marijuana or any part thereof, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
HS 11359. Every person who possesses for sale any marijuana, except as otherwise provided by law, shall be punished by imprisonment in the state prison.
HS 11360. (a) Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana shall be punished by imprisonment in the state prison for a period of two, three or four years.
(b) Except as authorized by law, every person who gives away, offers to give away, transports, offers to transport, or attempts to transport not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars ($100). In any case in which a person is arrested for a violation of this subdivision and does not demand to be taken before a magistrate, such person shall be released by the arresting officer upon presentation of satisfactory evidence of identity and giving his written promise to appear in court, as provided in Section 853.6 of the Penal Code, and shall not be subjected to booking.
HS 11361. (a) Every person 18 years of age or over who hires, employs, or uses a minor in unlawfully transporting, carrying, selling, giving away, preparing for sale, or peddling any marijuana, who unlawfully sells, or offers to sell, any marijuana to a minor, or who furnishes, administers, or gives, or offers to furnish, administer, or give any marijuana to a minor under 14 years of age, or who induces a minor to use marijuana in violation of law shall be punished by imprisonment in the state prison for a period of three, five, or seven years.
(b) Every person 18 years of age or over who furnishes, administers, or gives, or offers to furnish, administer, or give, any marijuana to a minor 14 years of age or older shall be punished by imprisonment in the state prison for a period of three, four, or five years.
HS 11361.5. (a) Records of any court of this state, any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, or of any state agency pertaining to the arrest or conviction of any person for a violation of subdivision (b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section 11360, shall not be kept beyond two years from the date of the conviction, or from the date of the arrest if there was no conviction, except with respect to a violation of subdivision (e) of Section 11357 the records shall be retained until the offender attains the age of 18 years at which time the records shall be destroyed as provided in this section. Any court or agency having custody of the records shall provide for the timely destruction of the records in accordance with subdivision (c). The requirements of this subdivision do not apply to records of any conviction occurring prior to January 1, 1976, or records of any arrest not followed by a conviction occurring prior to that date.
(b) This subdivision applies only to records of convictions and arrests not followed by conviction occurring prior to January 1, 1976, for any of the following offenses:
(1) Any violation of Section 11357 or a statutory predecessor thereof.
(2) Unlawful possession of a device, contrivance, instrument, or paraphernalia used for unlawfully smoking marijuana, in violation of Section 11364, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
(3) Unlawful visitation or presence in a room or place in which marijuana is being unlawfully smoked or used, in violation of Section 11365, as it existed prior to January 1, 1976, or a statutory predecessor thereof.
(4) Unlawfully using or being under the influence of marijuana, in violation of Section 11550, as it existed prior to January 1, 1976, or a statutory predecessor thereof. Any person subject to an arrest or conviction for those offenses may apply to the Department of Justice for destruction of records pertaining to the arrest or conviction if two or more years have elapsed since the date of the conviction, or since the date of the arrest if not followed by a conviction. The application shall be submitted upon a form supplied by the Department of Justice and shall be accompanied by a fee, which shall be established by the department in an amount which will defray the cost of administering this subdivision and costs incurred by the state under subdivision
(c), but which shall not exceed thirty-seven dollars and fifty cents ($37.50). The application form may be made available at every local police or sheriff's department and from the Department of Justice and may require that information which the department determines is necessary for purposes of identification.
The department may request, but not require, the applicant to include a self-administered fingerprint upon the application. If the department is unable to sufficiently identify the applicant for purposes of this subdivision without the fingerprint or without additional fingerprints, it shall so notify the applicant and shall request the applicant to submit any fingerprints which may be required to effect identification, including a complete set if necessary, or, alternatively, to abandon the application and request a refund of all or a portion of the fee submitted with the application, as provided in this section. If the applicant fails or refuses to submit fingerprints in accordance with the department's request within a reasonable time which shall be established by the department, or if the applicant requests a refund of the fee, the department shall promptly mail a refund to the applicant at the address specified in the application or at any other address which may be specified by the applicant. However, if the department has notified the applicant that election to abandon the application will result in forfeiture of a specified amount which is a portion of the fee, the department may retain a portion of the fee which the department determines will defray the actual costs of processing the application, provided the amount of the portion retained shall not exceed ten dollars ($10).
Upon receipt of a sufficient application, the Department of Justice shall destroy records of the department, if any, pertaining to the arrest or conviction in the manner prescribed by subdivision (c) and shall notify the Federal Bureau of Investigation, the law enforcement agency which arrested the applicant, and, if the applicant was convicted, the probation department which investigated the applicant and the Department of Motor Vehicles, of the application.
(c) Destruction of records of arrest or conviction pursuant to subdivision (a) or (b) shall be accomplished by permanent obliteration of all entries or notations upon the records pertaining to the arrest or conviction, and the record shall be prepared again so that it appears that the arrest or conviction never occurred. However, where (1) the only entries upon the record pertain to the arrest or conviction and (2) the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed.
(d) Notwithstanding subdivision (a) or (b), written transcriptions of oral testimony in court proceedings and published judicial appellate reports are not subject to this section. Additionally, no records shall be destroyed pursuant to subdivision (a) if the defendant or a codefendant has filed a civil action against the peace officers or law enforcement jurisdiction which made the arrest or instituted the prosecution and if the agency which is the custodian of those records has received a certified copy of the complaint in the civil action, until the civil action has finally been resolved. Immediately following the final resolution of the civil action, records subject to subdivision (a) shall be destroyed pursuant to subdivision (c) if more than two years have elapsed from the date of the conviction or arrest without conviction.
HS 11361.7. (a) Any record subject to destruction or permanent obliteration pursuant to Section 11361.5, or more than two years of age, or a record of a conviction for an offense specified in subdivision (a) or (b) of Section 11361.5 which became final more than two years previously, shall not be considered to be accurate, relevant, timely, or complete for any purposes by any agency or person. The provisions of this subdivision shall be applicable for purposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to the fullest extent permissible by law, whenever any information or record subject to destruction or permanent obliteration under Section 11361.5 was obtained by any state agency, local public agency, or any public or private agency that provides services upon referral under Section 1000.2 of the Penal Code, and is thereafter shared with or disseminated to any agency of the federal government.
(b) No public agency shall alter, amend, assess, condition, deny, limit, postpone, qualify, revoke, surcharge, or suspend any certificate, franchise, incident, interest, license, opportunity, permit, privilege, right, or title of any person because of an arrest or conviction for an offense specified in subdivision (a) or (b) of Section 11361.5, or because of the facts or events leading to such an arrest or conviction, on or after the date the records of such arrest or conviction are required to be destroyed by subdivision (a) of Section 11361.5, or two years from the date of such conviction or arrest without conviction with respect to arrests and convictions occurring prior to January 1, 1976. As used in this subdivision, "public agency" includes, but is not limited to, any state, county, city and county, city, public or constitutional corporation or entity, district, local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency thereof.
(c) Any person arrested or convicted for an offense specified in subdivision (a) or (b) of Section 11361.5 may, two years from the date of such a conviction, or from the date of the arrest if there was no conviction, indicate in response to any question concerning his prior criminal record that he was not arrested or convicted for such offense.
(d) The provisions of this section shall be applicable without regard to whether destruction or obliteration of records has actually been implemented pursuant to Section 11361.5.
HS 11362. As used in this article "felony offense," and offense "punishable as a felony" refer to an offense for which the law prescribes imprisonment in the state prison as either an alternative or the sole penalty, regardless of the sentence the particular defendant received.
HS 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 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 section 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 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 section who has consistently assumed responsibility for the housing, health, or safety of that person.
HS 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.
HS 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.
HS 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.
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.
HS 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.
HS 11362.9. (a) (1) It is the intent of the Legislature that the state commission objective scientific research by the premier research institute of the world, the University of California, regarding the efficacy and safety of administering marijuana as part of medical treatment. If the Regents of the University of California, by appropriate resolution, accept this responsibility, the University of California shall create a three-year program, to be known as the California Marijuana Research Program.
(2) The program shall develop and conduct studies intended to ascertain the general medical safety and efficacy of marijuana and, if found valuable, shall develop medical guidelines for the appropriate administration and use of marijuana.
(b) The program may immediately solicit proposals for research projects to be included in the marijuana studies. Program requirements to be used when evaluating responses to its solicitation for proposals, shall include, but not be limited to, all of the following:
(1) Proposals shall demonstrate the use of key personnel, including clinicians or scientists and support personnel, who are prepared to develop a program of research regarding marijuana's general medical efficacy and safety.
(2) Proposals shall contain procedures for outreach to patients with various medical conditions who may be suitable participants in research on marijuana.
(3) Proposals shall contain provisions for a patient registry.
(4) Proposals shall contain provisions for an information system that is designed to record information about possible study participants, investigators, and clinicians, and deposit and analyze data that accrues as part of clinical trials.
(5) Proposals shall contain protocols suitable for research on marijuana, addressing patients diagnosed with the acquired immunodeficiency syndrome (AIDS) or the human immunodeficiency virus (HIV), cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The proposal may also include research on other serious illnesses, provided that resources are available and medical information justifies the research.
(6) Proposals shall demonstrate the use of a specimen laboratory capable of housing plasma, urine, and other specimens necessary to study the concentration of cannabinoids in various tissues, as well as housing specimens for studies of toxic effects of marijuana.
(7) Proposals shall demonstrate the use of a laboratory capable of analyzing marijuana, provided to the program under this section, for purity and cannabinoid content and the capacity to detect contaminants.
(c) In order to ensure objectivity in evaluating proposals, the program shall use a peer review process that is modeled on the process used by the National Institutes of Health, and that guards against funding research that is biased in favor of or against particular outcomes. Peer reviewers shall be selected for their expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the applicants or the topic of an approach taken in the proposed research. Peer reviewers shall judge research proposals on several criteria, foremost among which shall be both of the following:
(1) The scientific merit of the research plan, including whether the research design and experimental procedures are potentially biased for or against a particular outcome.
(2) Researchers' expertise in the scientific substance and methods of the proposed research, and their lack of bias or conflict of interest regarding the topic of, and the approach taken in, the proposed research.
(d) If the program is administered by the Regents of the University of California, any grant research proposals approved by the program shall also require review and approval by the research advisory panel.
(e) It is the intent of the Legislature that the program be established as follows:
(1) The program shall be located at one or more University of California campuses that have a core of faculty experienced in organizing multidisciplinary scientific endeavors and, in particular, strong experience in clinical trials involving psychopharmacologic agents. The campuses at which research under the auspices of the program is to take place shall accommodate the administrative offices, including the director of the program, as well as a data management unit, and facilities for storage of specimens.
(2) When awarding grants under this section, the program shall utilize principles and parameters of the other well-tested statewide research programs administered by the University of California, modeled after programs administered by the National Institutes of Health, including peer review evaluation of the scientific merit of applications.
(3) The scientific and clinical operations of the program shall occur, partly at University of California campuses, and partly at other postsecondary institutions, that have clinicians or scientists with expertise to conduct the required studies. Criteria for selection of research locations shall include the elements listed in subdivision (b) and, additionally, shall give particular weight to the organizational plan, leadership qualities of the program director, and plans to involve investigators and patient populations from multiple sites.
(4) The funds received by the program shall be allocated to various research studies in accordance with a scientific plan developed by the Scientific Advisory Council. As the first wave of studies is completed, it is anticipated that the program will receive requests for funding of additional studies. These requests shall be reviewed by the Scientific Advisory Council.
(5) The size, scope, and number of studies funded shall be commensurate with the amount of appropriated and available program funding.
(f) All personnel involved in implementing approved proposals shall be authorized as required by Section 11604.
(g) Studies conducted pursuant to this section shall include the greatest amount of new scientific research possible on the medical uses of, and medical hazards associated with, marijuana. The program shall consult with the Research Advisory Panel analogous agencies in other states, and appropriate federal agencies in an attempt to avoid duplicative research and the wasting of research dollars.
(h) The program shall make every effort to recruit qualified patients and qualified physicians from throughout the state.
(i) The marijuana studies shall employ state-of-the-art research methodologies.
(j) The program shall ensure that all marijuana used in the studies is of the appropriate medical quality and shall be obtained from the National Institute on Drug Abuse or any other federal agency designated to supply marijuana for authorized research. If these federal agencies fail to provide a supply of adequate quality and quantity within six months of the effective date of this section, the Attorney General shall provide an adequate supply pursuant to Section 11478.
(k) The program may review, approve, or incorporate studies and research by independent groups presenting scientifically valid protocols for medical research, regardless of whether the areas of study are being researched by the committee.
(l) (1) To enhance understanding of the efficacy and adverse effects of marijuana as a pharmacological agent, the program shall conduct focused controlled clinical trials on the usefulness of marijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma, or seizures or muscle spasms associated with a chronic, debilitating condition. The program may add research on other serious illnesses, provided that resources are available and medical information justifies the research. The studies shall focus on comparisons of both the efficacy and safety of methods of administering the drug to patients, including inhalational, tinctural, and oral, evaluate possible uses of marijuana as a primary or adjunctive treatment, and develop further information on optimal dosage, timing, mode of administration, and variations in the effects of different cannabinoids and varieties of marijuana.
(2) The program shall examine the safety of marijuana in patients with various medical disorders, including marijuana's interaction with other drugs, relative safety of inhalation versus oral forms, and the effects on mental function in medically ill persons.
(3) The program shall be limited to providing for objective scientific research to ascertain the efficacy and safety of marijuana as part of medical treatment, and should not be construed as encouraging or sanctioning the social or recreational use of marijuana.
(m) (1) Subject to paragraph (2), the program shall, prior to any approving proposals, seek to obtain research protocol guidelines from the National Institutes of Health and shall, if the National Institutes of Health issues research protocol guidelines, comply with those guidelines.
(2) If, after a reasonable period of time of not less than six months and not more than a year has elapsed from the date the program seeks to obtain guidelines pursuant to paragraph (1), no guidelines have been approved, the program may proceed using the research protocol guidelines it develops.
(n) In order to maximize the scope and size of the marijuana studies, the program may do any of the following:
(1) Solicit, apply for, and accept funds from foundations, private individuals, and all other funding sources that can be used to expand the scope or timeframe of the marijuana studies that are authorized under this section. The program shall not expend more than 5 percent of its General Fund allocation in efforts to obtain money from outside sources.
(2) Include within the scope of the marijuana studies other marijuana research projects that are independently funded and that meet the requirements set forth in subdivisions (a) to (c), inclusive. In no case shall the program accept any funds that are offered with any conditions other than that the funds be used to study the efficacy and safety of marijuana as part of medical treatment. Any donor shall be advised that funds given for purposes of this section will be used to study both the possible benefits and detriments of marijuana and that he or she will have no control over the use of these funds.
(o) (1) Within six months of the effective date of this section, the program shall report to the Legislature, the Governor, and the Attorney General on the progress of the marijuana studies.
(2) Thereafter, the program shall issue a report to the Legislature every six months detailing the progress of the studies. The interim reports required under this paragraph shall include, but not be limited to, data on all of the following:
(A) The names and number of diseases or conditions under study.
(B) The number of patients enrolled in each study by disease.
(C) Any scientifically valid preliminary findings.
(p) If the Regents of the University of California implement this section, the President of the University of California shall appoint a multidisciplinary Scientific Advisory Council, not to exceed 15 members, to provide policy guidance in the creation and implementation of the program. Members shall be chosen on the basis of scientific expertise. Members of the council shall serve on a voluntary basis, with reimbursement for expenses incurred in the course of their participation. The members shall be reimbursed for travel and other necessary expenses incurred in their performance of the duties of the council.
(q) No more than 10 percent of the total funds appropriated be used for all aspects of the administration of this section.
(r) This section shall be implemented only to the extent that funding for its purposes is appropriated by the Legislature in the annual Budget Act.
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 count |
