SB 420

BILL NUMBER: SB 420 CHAPTERED

BILL TEXT

CHAPTER 875

FILED WITH SECRETARY OF STATE OCTOBER 12, 2003

APPROVED BY GOVERNOR OCTOBER 12, 2003

PASSED THE SENATE SEPTEMBER 11, 2003

PASSED THE ASSEMBLY SEPTEMBER 10, 2003

AMENDED IN ASSEMBLY SEPTEMBER 9, 2003

AMENDED IN ASSEMBLY SEPTEMBER 4, 2003

AMENDED IN ASSEMBLY AUGUST 18, 2003

AMENDED IN SENATE MAY 27, 2003

INTRODUCED BY Senator Vasconcellos

(Principal coauthor: Assembly Member Leno)

(Coauthors: Assembly Members Goldberg, Hancock, and Koretz)

FEBRUARY 20, 2003

An act to add Article 2.5 (commencing with Section 11362.7) to

Chapter 6 of Division 10 of the Health and Safety Code, relating to

controlled substances.

LEGISLATIVE COUNSEL'S DIGEST

SB 420, Vasconcellos. Medical marijuana.

Existing law, the Compassionate Use Act of 1996, prohibits any

physician from being punished, or denied any right or privilege, for

having recommended marijuana to a patient for medical purposes. The

act prohibits the provisions of law making unlawful the possession or

cultivation of marijuana from applying to a patient, or to a patient'

s primary caregiver, who possesses or cultivates marijuana for the

personal medical purposes of the patient upon the written or oral

recommendation or approval of a physician.

This bill would require the State Department of Health Services to

establish and maintain a voluntary program for the issuance of

identification cards to qualified patients and would establish

procedures under which a qualified patient with an identification

card may use marijuana for medical purposes. The bill would specify

the department's duties in this regard, including developing related

protocols and forms, and establishing application and renewal fees

for the program.

The bill would impose various duties upon county health

departments relating to the issuance of identification cards, thus

creating a state-mandated local program.

The bill would create various crimes related to the identification

card program, thus imposing a state-mandated local program.

This bill would authorize the Attorney General to set forth and

clarify details concerning possession and cultivation limits, and

other regulations, as specified. The bill would also authorize the

Attorney General to recommend modifications to the possession or

cultivation limits set forth in the bill. The bill would require the

Attorney General to develop and adopt guidelines to ensure the

security and nondiversion of marijuana grown for medical use, as

specified.

The California Constitution requires the state to reimburse local

agencies and school districts for certain costs mandated by the

state. Statutory provisions establish procedures for making that

reimbursement, including the creation of a State Mandates Claims Fund

to pay the costs of mandates that do not exceed $1,000,000 statewide

and other procedures for claims whose statewide costs exceed

$1,000,000.

This bill would provide that no reimbursement is required by this

act for specified reasons.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. (a) The Legislature finds and declares all of the

following:

(1) On November 6, 1996, the people of the State of California

enacted the Compassionate Use Act of 1996 (hereafter the act),

codified in Section 11362.5 of the Health and Safety Code, in order

to allow seriously ill residents of the state, who have the oral or

written approval or recommendation of a physician, to use marijuana

for medical purposes without fear of criminal liability under

Sections 11357 and 11358 of the Health and Safety Code.

(2) However, reports from across the state have revealed problems

and uncertainties in the act that have impeded the ability of law

enforcement officers to enforce its provisions as the voters intended

and, therefore, have prevented qualified patients and designated

primary caregivers from obtaining the protections afforded by the

act.

(3) Furthermore, the enactment of this law, as well as other

recent legislation dealing with pain control, demonstrates that more

information is needed to assess the number of individuals across the

state who are suffering from serious medical conditions that are not

being adequately alleviated through the use of conventional

medications.

(4) In addition, the act called upon the state and the federal

government to develop a plan for the safe and affordable distribution

of marijuana to all patients in medical need thereof.

(b) It is the intent of the Legislature, therefore, to do all of

the following:

(1) Clarify the scope of the application of the act and facilitate

the prompt identification of qualified patients and their designated

primary caregivers in order to avoid unnecessary arrest and

prosecution of these individuals and provide needed guidance to law

enforcement officers.

(2) Promote uniform and consistent application of the act among

the counties within the state.

(3) Enhance the access of patients and caregivers to medical

marijuana through collective, cooperative cultivation projects.

issues that were not included within the act, and that must be

resolved in order to promote the fair and orderly implementation of

the act.

(d) The Legislature further finds and declares both of the

following:

(1) A state identification card program will further the goals

outlined in this section.

(2) With respect to individuals, the identification system

established pursuant to this act must be wholly voluntary, and a

patient entitled to the protections of Section 11362.5 of the Health

and Safety Code need not possess an identification card in order to

claim the protections afforded by that section.

(e) The Legislature further finds and declares that it enacts this

act pursuant to the powers reserved to the State of California and

its people under the Tenth Amendment to the United States

Constitution.

SEC. 2. Article 2.5 (commencing with Section 11362.7) is added to

Chapter 6 of Division 10 of the Health and Safety Code, to read:

Article 2.5. Medical Marijuana Program

11362.7. For purposes of this article, the following definitions

shall apply:

(a) "Attending physician" means an individual who possesses a

license in good standing to practice medicine or osteopathy issued by

the Medical Board of California or the Osteopathic Medical Board of

California and who has taken responsibility for an aspect of the

medical care, treatment, diagnosis, counseling, or referral of a

patient and who has conducted a medical examination of that patient

before recording in the patient's medical record the physician's

assessment of whether the patient has a serious medical condition and

whether the medical use of marijuana is appropriate.

(b) "Department" means the State Department of Health Services.

is a qualified patient who has applied for and received a valid

identification card pursuant to this article.

(d) "Primary caregiver" means the individual, designated by a

qualified patient or by a person with an identification card, who has

consistently assumed responsibility for the housing, health, or

safety of that patient or person, and may include any of the

following:

(1) In any case in which a qualified patient or person with an

identification card receives medical care or supportive services, or

both, from a clinic licensed pursuant to Chapter 1 (commencing with

Section 1200) of Division 2, a health care facility licensed pursuant

to Chapter 2 (commencing with Section 1250) of Division 2, a

residential care facility for persons with chronic life-threatening

illness licensed pursuant to Chapter 3.01 (commencing with Section

1568.01) of Division 2, a residential care facility for the elderly

licensed pursuant to Chapter 3.2 (commencing with Section 1569) of

Division 2, a hospice, or a home health agency licensed pursuant to

Chapter 8 (commencing with Section 1725) of Division 2, the owner or

operator, or no more than three employees who are designated by the

owner or operator, of the clinic, facility, hospice, or home health

agency, if designated as a primary caregiver by that qualified

patient or person with an identification card.

(2) An individual who has been designated as a primary caregiver

by more than one qualified patient or person with an identification

card, if every qualified patient or person with an identification

card who has designated that individual as a primary caregiver

resides in the same city or county as the primary caregiver.

(3) An individual who has been designated as a primary caregiver

by a qualified patient or person with an identification card who

resides in a city or county other than that of the primary caregiver,

if the individual has not been designated as a primary caregiver by

any other qualified patient or person with an identification card.

(e) A primary caregiver shall be at least 18 years of age, unless

the primary caregiver is the parent of a minor child who is a

qualified patient or a person with an identification card or the

primary caregiver is a person otherwise entitled to make medical

decisions under state law pursuant to Sections 6922, 7002, 7050, or

7120 of the Family Code.

(f) "Qualified patient" means a person who is entitled to the

protections of Section 11362.5, but who does not have an

identification card issued pursuant to this article.

(g) "Identification card" means a document issued by the State

Department of Health Services that document identifies a person

authorized to engage in the medical use of marijuana and the person's

designated primary caregiver, if any.

(h) "Serious medical condition" means all of the following medical

conditions:

(1) Acquired immune deficiency syndrome (AIDS).

(2) Anorexia.

(3) Arthritis.

(4) Cachexia.

(5) Cancer.

(6) Chronic pain.

(7) Glaucoma.

(8) Migraine.

(9) Persistent muscle spasms, including, but not limited to,

spasms associated with multiple sclerosis.

(10) Seizures, including, but not limited to, seizures associated

with epilepsy.

(11) Severe nausea.

(12) Any other chronic or persistent medical symptom that either:

(A) Substantially limits the ability of the person to conduct one

or more major life activities as defined in the Americans with

Disabilities Act of 1990 (Public Law 101-336).

(B) If not alleviated, may cause serious harm to the patient's

safety or physical or mental health.

(i) "Written documentation" means accurate reproductions of those

portions of a patient's medical records that have been created by the

attending physician, that contain the information required by

paragraph (2) of subdivision (a) of Section 11362.715, and that the

patient may submit to a county health department or the county's

designee as part of an application for an identification card.

11362.71. (a) (1) The department shall establish and maintain a

voluntary program for the issuance of identification cards to

qualified patients who satisfy the requirements of this article and

voluntarily apply to the identification card program.

(2) The department shall establish and maintain a 24-hour,

toll-free telephone number that will enable state and local law

enforcement officers to have immediate access to information

necessary to verify the validity of an identification card issued by

the department, until a cost-effective Internet Web-based system can

be developed for this purpose.

(b) Every county health department, or the county's designee,

shall do all of the following:

(1) Provide applications upon request to individuals seeking to

join the identification card program.

(2) Receive and process completed applications in accordance with

Section 11362.72.

(3) Maintain records of identification card programs.

(4) Utilize protocols developed by the department pursuant to

paragraph (1) of subdivision (d).

(5) Issue identification cards developed by the department to

approved applicants and designated primary caregivers.

health-related governmental or nongovernmental entity or organization

to perform the functions described in subdivision (b), except for an

entity or organization that cultivates or distributes marijuana.

(d) The department shall develop all of the following:

(1) Protocols that shall be used by a county health department or

the county's designee to implement the responsibilities described in

subdivision (b), including, but not limited to, protocols to confirm

the accuracy of information contained in an application and to

protect the confidentiality of program records.

(2) Application forms that shall be issued to requesting

applicants.

(3) An identification card that identifies a person authorized to

engage in the medical use of marijuana and an identification card

that identifies the person's designated primary caregiver, if any.

The two identification cards developed pursuant to this paragraph

shall be easily distinguishable from each other.

(e) No person or designated primary caregiver in possession of a

valid identification card shall be subject to arrest for possession,

transportation, delivery, or cultivation of medical marijuana in an

amount established pursuant to this article, unless there is

reasonable cause to believe that the information contained in the

card is false or falsified, the card has been obtained by means of

fraud, or the person is otherwise in violation of the provisions of

this article.

(f) It shall not be necessary for a person to obtain an

identification card in order to claim the protections of Section

11362.5.

11362.715. (a) A person who seeks an identification card shall

pay the fee, as provided in Section 11362.755, and provide all of the

following to the county health department or the county's designee

on a form developed and provided by the department:

(1) The name of the person, and proof of his or her residency

within the county.

(2) Written documentation by the attending physician in the person'

s medical records stating that the person has been diagnosed with a

serious medical condition and that the medical use of marijuana is

appropriate.

(3) The name, office address, office telephone number, and

California medical license number of the person's attending

physician.

(4) The name and the duties of the primary caregiver.

(5) A government-issued photo identification card of the person

and of the designated primary caregiver, if any. If the applicant is

a person under 18 years of age, a certified copy of a birth

certificate shall be deemed sufficient proof of identity.

(b) If the person applying for an identification card lacks the

capacity to make medical decisions, the application may be made by

the person's legal representative, including, but not limited to, any

of the following:

(1) A conservator with authority to make medical decisions.

(2) An attorney-in-fact under a durable power of attorney for

health care or surrogate decisionmaker authorized under another

advanced health care directive.

(3) Any other individual authorized by statutory or decisional law

to make medical decisions for the person.

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.

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.

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.

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.

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.

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.

guidelines allowing qualified patients or primary caregivers to

exceed the state limits set forth in subdivision (a).

(d) Only the dried mature processed flowers of female cannabis

plant or the plant conversion shall be considered when determining

allowable quantities of marijuana under this section.

(e) The Attorney General may recommend modifications to the

possession or cultivation limits set forth in this section. These

recommendations, if any, shall be made to the Legislature no later

than December 1, 2005, and may be made only after public comment and

consultation with interested organizations, including, but not

limited to, patients, health care professionals, researchers, law

enforcement, and local governments. Any recommended modification

shall be consistent with the intent of this article and shall be

based on currently available scientific research.

(f) A qualified patient or a person holding a valid identification

card, or the designated primary caregiver of that qualified patient

or person, may possess amounts of marijuana consistent with this

article.

11362.775. Qualified patients, persons with valid identification

cards, and the designated primary caregivers of qualified patients

and persons with identification cards, who associate within the State

of California in order collectively or cooperatively to cultivate

marijuana for medical purposes, shall not solely on the basis of that

fact be subject to state criminal sanctions under Section 11357,

11358, 11359, 11360, 11366, 11366.5, or 11570.

11362.78. A state or local law enforcement agency or officer

shall not refuse to accept an identification card issued by the

department unless the state or local law enforcement agency or

officer has reasonable cause to believe that the information

contained in the card is false or fraudulent, or the card is being

used fraudulently.

11362.785. (a) Nothing in this article shall require any

accommodation of any medical use of marijuana on the property or

premises of any place of employment or during the hours of employment

or on the property or premises of any jail, correctional facility,

or other type of penal institution in which prisoners reside or

persons under arrest are detained.

(b) Notwithstanding subdivision (a), a person shall not be

prohibited or prevented from obtaining and submitting the written

information and documentation necessary to apply for an

identification card on the basis that the person is incarcerated in a

jail, correctional facility, or other penal institution in which

prisoners reside or persons under arrest are detained.

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.

(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.

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.

SB 420

Open 7 days a week 10AM until 8PM