Medical marijuana: identification cards.

Existing law, the Compassionate Use Act of 1996, an initiative measure, prohibits prosecution for the possession or cultivation of marijuana of a patient or 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. Existing law, the Medical Marijuana Program Act, establishes a voluntary identification card program to exempt qualified patients who hold an identification card issued pursuant to the program, and the caregivers of those persons, from certain state criminal sanctions related to the possession, cultivation, transportation, processing, or use of limited amounts of marijuana, as specified. Existing law requires that each county health department comply with various duties relating to the issuance of identification cards. Violation of certain provisions relating to the procurement of an identification card is a misdemeanor. This bill would make it mandatory for a qualified patient or his or her designated primary caregiver to hold an identification card to engage in the medical use of marijuana. The bill also would require that the identification card include additional information relating to the cultivation of medical marijuana. By expanding the scope of a crime, and by increasing the duties on local agencies, this bill would impose a state-mandated local program. This bill would require a medical marijuana cooperative, collective, dispensary, operation, establishment, or provider to have available at all times a copy of the identification card for each person to whom medical marijuana is provided. 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. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.