California Senate Bill 420 - Summary

Summary

The bill specifically:

  • "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"
  • "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"
  • "creates various crimes related to the identification card program"
  • "authorize the Attorney General to set forth and clarify details concerning possession and cultivation limits, and other regulations, as specified"
  • "authorize the Attorney General to recommend modifications to the possession or cultivation limits set forth in the bill" and "require the Attorney General to develop and adopt guidelines to ensure the security and nondiversion of marijuana grown for medical use"

In enacting the bill it was the intent of the legislature to:

  • "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"
  • "promote uniform and consistent application of the act among the counties within the state"
  • "enhance the access of patients and caregivers to medical marijuana through collective, cooperative cultivation projects"
  • "address additional issues that were not included within the act, and that must be resolved in order to promote the fair and orderly implementation of the act"

The bill reflects a compromise between patients' advocates and law enforcement. It also required counties to implement a voluntary patient identification card system and other provisions to protect patients and their caregivers from arrest. The guidelines were hotly disputed by California NORML and other patients' advocates. Patient advocates had pushed for more liberal guidelines, such as those adopted by Sonoma County, which allow up to 30 plants in a 100-square-foot (9.3 m2) growing area plus 3 pounds of marijuana. The final guidelines were decided in a last-minute legislative deal by Attorney General Lockyer and Sen. Vasconcellos in order to get the bill passed.

Read more about this topic:  California Senate Bill 420

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