CA Senate Bill 420
Encyclopedia
California Senate Bill 420 (colloquially known as the Medical Marijuana Program Act) was a bill introduced by John Vasconcellos
of the California State Senate
, and subsequently passed by the California State Legislature
and signed by Governor
Gray Davis
in 2003 "pursuant to the powers reserved to the State of California and its people under the Tenth Amendment to the United States Constitution
." It clarified the scope and application of California Proposition 215
, also known as the Compassionate Use Act of 1996, and established the California medical marijuana program. The bill's title is notable because "420
" is a common phrase used in cannabis culture.
In enacting the bill it was the intent of the legislature to:
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 feet (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.
and Fresno
, which have heretofore had "zero tolerance" policies, to honor the new statewide minimum standard. Many counties have increased the limits of possession and cultivation since the passage of the law in 2003. It also specifically allowed cannabis cooperatives.
The system is designed with safeguards to protect patient privacy like the current San Francisco and Oakland ID card system. Police will not be able to identify whether persons are medical marijuana patients by their name or address, but only by a unique identification number appearing on their card. Although some patient advocates have expressed qualms about the privacy of the new identification system, California NORML recommends that patients register to protect themselves from arrest. Similar ID card programs have been in effect in other states for several years, with no reports of abuse.
Abuse was found in Mendocino County California, when then Sheriff Craver required patients to pick up their cards at his sheriffs station. This was where convicted rapists and drug offenders had to get their criminal registration cards. Here, then, the marijuana patients were subjected to abuse by the local law enforcement, as the state Department of Health was not involved with card distribution at that time. Patients, who had been assured that no centralized database would ever be created with their personal information, were themselves witness to that part of SB 420's irregularity.
Persons designated as "primary caregivers" are also eligible for ID cards. Each patient may designate a single caregiver. Caregivers may receive reasonable compensation for their services. However, cultivation or distribution "for profit" are not authorized.
In a quirky provision, SB 420 forbids caregivers from having more than one patient unless all of them reside in the same "city or county" as the caregiver. This means that no one may be a caregiver for both a spouse and a parent if they happen to reside in different counties. California NORML attorneys believe that this is an unconstitutional restriction on Prop 215 and intends to challenge it in court.
In 2006, San Diego County was sued for refusing to implement an ID card system as required under SB 420. In response, San Diego County filed a lawsuit against the State of California
to overturn Prop. 215 and SB 420. San Diego Superior Court Judge, William R. Nevitt Jr. struck down San Diego's claim in the court's December 6, 2006 ruling. San Diego County filed an appeal in the case. The appeal was on August 1, 2008, and was thrown out again on the basis that the counties did not have the authority to make a case against the state. The counties do, however, have the right to make an appeal about the statutes in SB 420 that deal with the issuing of identification cards, as this task is placed upon the counties and affects their taxes. San Diego County along with San Bernardino County appealed to the United States Supreme Court. On May 18, 2009 that appeal was denied.
Currently, there are only two counties that submit information anonymously to the state, Santa Cruz
and San Francisco. All the other counties submit patient information to the state patient database.
that the limits were an "unconstitutionally amendatory insofar as it limits an in-court CUA defense" but by providing more rights, not less, the section concerning limits on possession "should remain an enforceable part of the MMP, applicable to the extent possible — including to those persons who voluntarily participate in the program by registering and obtaining identification cards that provide protection against arrest."
John Vasconcellos
John B. Vasconcellos Jr. is an American politician from California and member of the Democratic Party. He represented the Silicon Valley as a member of the California State Assembly for 30 years and a California State Senator for 8 years...
of the California State Senate
California State Senate
The California State Senate is the upper house of the California State Legislature. There are 40 state senators. The state legislature meets in the California State Capitol in Sacramento. The Lieutenant Governor is the ex officio President of the Senate and may break a tied vote...
, and subsequently passed by the California State Legislature
California State Legislature
The California State Legislature is the state legislature of the U.S. state of California. It is a bicameral body consisting of the lower house, the California State Assembly, with 80 members, and the upper house, the California State Senate, with 40 members...
and signed by Governor
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
Gray Davis
Gray Davis
Joseph Graham "Gray" Davis, Jr. is an American Democratic politician who served as California's 37th Governor from 1999 until being recalled in 2003...
in 2003 "pursuant to the powers reserved to the State of California and its people under the Tenth Amendment to the United States Constitution
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
." It clarified the scope and application of California Proposition 215
California Proposition 215 (1996)
Proposition 215, or the Compassionate Use Act of 1996, is a California law concerning the use of medical cannabis. It was enacted, on November 5, 1996, by means of the initiative process, and passed with 5,382,915 votes in favor and 4,301,960 against.The proposition was a state-wide voter...
, also known as the Compassionate Use Act of 1996, and established the California medical marijuana program. The bill's title is notable because "420
420 (cannabis culture)
420, 4:20 or 4/20 refers to consumption of cannabis and, by extension, a way to identify oneself with cannabis subculture. The notable day for these is April 20.- Origins of terms :...
" is a common phrase used in cannabis culture.
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[s] 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 crimeCrimeCrime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s related to the identification card program" - "authorize[s] the Attorney General to set forth and clarify details concerning possession and cultivation limits, and other regulations, as specified"
- "authorize[s] the Attorney General to recommend modifications to the possession or cultivation limits set forth in the bill" and "require[s] 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 feet (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.
Possession limits
In recognition of the fact that the guidelines are inadequate for many very ill patients, SB 420 allows patients to be exempted from them if they obtain a physician’s statement that they need more. In deference to local autonomy, SB 420 also allows counties and cities to establish higher - but not lower - guidelines if they so choose. As a result, the new law will not overturn liberal guidelines that are now in effect in Sonoma and elsewhere. However, it should force more restrictive counties, such as San BernardinoSan Bernardino County, California
San Bernardino County is a county in the U.S. state of California. As of the 2010 census, the population was 2,035,210, up from 1,709,434 as of the 2000 census...
and Fresno
Fresno, California
Fresno is a city in central California, United States, the county seat of Fresno County. As of the 2010 census, the city's population was 510,365, making it the fifth largest city in California, the largest inland city in California, and the 34th largest in the nation...
, which have heretofore had "zero tolerance" policies, to honor the new statewide minimum standard. Many counties have increased the limits of possession and cultivation since the passage of the law in 2003. It also specifically allowed cannabis cooperatives.
Voluntary State ID Card System
Identification cards under the new state program are issued by county health departments. There are registration fees to cover the costs of the program, with a 50% discount for Medi-Cal patients. Registrations will be valid for one year. There will be a 24-hour telephone hot-line by which law enforcement can verify the validity of the cards.The system is designed with safeguards to protect patient privacy like the current San Francisco and Oakland ID card system. Police will not be able to identify whether persons are medical marijuana patients by their name or address, but only by a unique identification number appearing on their card. Although some patient advocates have expressed qualms about the privacy of the new identification system, California NORML recommends that patients register to protect themselves from arrest. Similar ID card programs have been in effect in other states for several years, with no reports of abuse.
Abuse was found in Mendocino County California, when then Sheriff Craver required patients to pick up their cards at his sheriffs station. This was where convicted rapists and drug offenders had to get their criminal registration cards. Here, then, the marijuana patients were subjected to abuse by the local law enforcement, as the state Department of Health was not involved with card distribution at that time. Patients, who had been assured that no centralized database would ever be created with their personal information, were themselves witness to that part of SB 420's irregularity.
Persons designated as "primary caregivers" are also eligible for ID cards. Each patient may designate a single caregiver. Caregivers may receive reasonable compensation for their services. However, cultivation or distribution "for profit" are not authorized.
In a quirky provision, SB 420 forbids caregivers from having more than one patient unless all of them reside in the same "city or county" as the caregiver. This means that no one may be a caregiver for both a spouse and a parent if they happen to reside in different counties. California NORML attorneys believe that this is an unconstitutional restriction on Prop 215 and intends to challenge it in court.
In 2006, San Diego County was sued for refusing to implement an ID card system as required under SB 420. In response, San Diego County filed a lawsuit against the State of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
to overturn Prop. 215 and SB 420. San Diego Superior Court Judge, William R. Nevitt Jr. struck down San Diego's claim in the court's December 6, 2006 ruling. San Diego County filed an appeal in the case. The appeal was on August 1, 2008, and was thrown out again on the basis that the counties did not have the authority to make a case against the state. The counties do, however, have the right to make an appeal about the statutes in SB 420 that deal with the issuing of identification cards, as this task is placed upon the counties and affects their taxes. San Diego County along with San Bernardino County appealed to the United States Supreme Court. On May 18, 2009 that appeal was denied.
Currently, there are only two counties that submit information anonymously to the state, Santa Cruz
Santa Cruz County, California
Santa Cruz County is a county located on the Pacific coast of the U.S. state of California, on the California Central Coast. The county forms the northern coast of the Monterey Bay. . As of the 2010 U.S. Census, its population was 262,382. The county seat is Santa Cruz...
and San Francisco. All the other counties submit patient information to the state patient database.
Other Provisions of SB 420
In other provisions, SB 420:- Recognizes the right of patients and caregivers to associate collectively or cooperatively to cultivate medical marijuana.
- Disallows marijuana smoking in no smoking zones, within 1000 feet (304.8 m) of a school or youth center (except in private residences), on school buses, in a motor vehicle that is being operated, or while operating a boat.
- Protects patients and caregivers from arrest for transportation and other miscellaneous charges not covered in 215.
- Allows probationers, parolees, and prisoners to apply for permission to use medical marijuana; however, such permission may be refused at the discretion of the authorities.
- Makes it a crime to fraudulently provide misinformation to obtain a card, to steal or misuse the card of another, to counterfeit a card, or to breach the confidentiality of patient records in the card program.
People v. Kelly
Concerning limits on possession created by the bill, the California Supreme Court decision in People v. Kelly decided multiple issues. First, it reiterated that "unlike [Proposition 215], which did not immunize medical marijuana users from arrest but instead provided a limited 'immunity' defense to prosecution under state law for cultivation or possession of marijuana [citation], the [Medical Marijuana Program]'s identification card system is designed to protect against unnecessary arrest." Secondly, it agreed with both Kelly and the California Attorney GeneralCalifornia Attorney General
The California Attorney General is the State Attorney General of California. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" The Attorney General carries out the responsibilities of the office through the California Department of Justice.The...
that the limits were an "unconstitutionally amendatory insofar as it limits an in-court CUA defense" but by providing more rights, not less, the section concerning limits on possession "should remain an enforceable part of the MMP, applicable to the extent possible — including to those persons who voluntarily participate in the program by registering and obtaining identification cards that provide protection against arrest."
City of Garden Grove v. Superior Court
On December 1, 2008, the Supreme Court decided not to hear arguments in City of Garden Grove v. Superior Court of Orange County, leaving a lower court ruling standing which requires local police officers to enforce state law, not federal law. The case stems from a traffic stop of Felix Kha, who had 8.1 grams of medical marijuana in a container, which the police officers confiscated. The ruling requires police officers to return the seized medicine.
"But it must be remembered it is not the job of the local police to enforce the federal drug laws as such."
See also
- Drug policy of CaliforniaDrug policy of CaliforniaDrug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been decriminalized, but its cultivation and sale remain criminal offenses, along with the possession, sale, and manufacture of harder drugs such as...
- Legal history of marijuana in the United StatesLegal history of marijuana in the United StatesThe legal history of cannabis in the United States relates to the regulation of marijuana use for medical or recreational purposes in the United States. Regulations and restrictions on the sale of Cannabis sativa as a drug began as early as 1860...
- Medical cannabisMedical cannabisMedical cannabis refers to the use of parts of the herb cannabis as a physician-recommended form of medicine or herbal therapy, or to synthetic forms of specific cannabinoids such as THC as a physician-recommended form of medicine...
- Proposition 215
- Valerie CorralValerie CorralValerie Corral is the Executive Director and Co-Founder of the Wo/Men's Alliance for Medical Marijuana and Raha Kudo, Design for Dying Project.-Origin of Wo/Men's Alliance for Medical Marijuana:...
- 420 (cannabis culture)420 (cannabis culture)420, 4:20 or 4/20 refers to consumption of cannabis and, by extension, a way to identify oneself with cannabis subculture. The notable day for these is April 20.- Origins of terms :...
External links
- Official California Legislative Information relating to SB 420 in the 2003/2004 session
- Ukiah Daily Journal
- Americans for Safe Access
- http://www.courtinfo.ca.gov/opinions/revpub/B195624.PDF