Bill Text: CA AB2650 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Medical marijuana.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 603, Statutes of 2010. [AB2650 Detail]

Download: California-2009-AB2650-Amended.html

---

BILL NUMBER: AB 2650	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member  Torrico  
Buchanan 

                        FEBRUARY 19, 2010

   An act to  amend Section 2653 of the Penal  
add Section 11362.768 to the Health and Safety  Code, relating
to inmates.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2650, as amended,  Torrico   Buchanan
 .  Inmates: medical treatment.  Medical
marijuana.  
   Existing law added by initiative, 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 qualified patient, the qualified patient's primary caregiver, or an
individual who provides assistance to the qualified patient or the
qualified patient's primary caregiver, who possesses, cultivates, or
distributes marijuana for the personal medical purposes of the
qualified patient upon the written or oral recommendation or approval
of a physician. Existing statutory law requires the State Department
of Public Health to establish and maintain a voluntary program for
the issuance of identification cards to qualified patients and
establishes procedures under which a qualified patient with an
identification card may use marijuana for medical purposes. Existing
law regulates qualified patients, a qualified patient's primary
caregiver, and individuals who provide assistance to the qualified
patient or the qualified patient's primary caregiver, as specified. A
violation of these provisions is generally a misdemeanor.  

   This bill would provide that no medical marijuana cooperative,
collective, dispensary, operator, establishment, or provider, shall
be located within a 1,000-foot radius of a school, public park,
public library, religious institution, licensed child care facility,
youth center, substance abuse rehabilitation center, or any
preexisting medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider, as specified. By creating a new
crime, this bill would impose a state-mandated local program. 

   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 no reimbursement is required by this
act for a specified reason.  
   Existing law specifies procedures to be followed when a physician
certifies in writing that a particular medical treatment is required
for an inmate to prevent certain violations of law. 

   This bill would make a technical, nonsubstantive change to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 11362.768 is added to the 
 Health and Safety Code   , to read:  
   11362.768.  (a) This section shall apply to individuals specified
in subdivision (b) of Section 11362.765.
   (b) No medical marijuana cooperative, collective, dispensary,
operator, establishment, or provider who possesses, cultivates, or
distributes medical marijuana pursuant to this article shall be
located within a 1,000-foot radius of a school, public park, public
library, religious institution, licensed child care facility, youth
center, substance abuse rehabilitation center, or any preexisting
medical marijuana cooperative, collective, dispensary, operator,
establishment, or provider.
   (c) The distances specified in this section shall be the
horizontal distance measured in a straight line from the property
line of the school, public park, public library, religious
institution, licensed child care facility, youth center, substance
abuse rehabilitation center, or preexisting medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider, to the closest property line of the lot on which the
medical marijuana cooperative, collective, dispensary, operator,
establishment, or provider is to be located without regard to
intervening structures.
   (d) This section shall not apply to a medical marijuana
cooperative, collective, dispensary, operator, establishment, or
provider that is also a licensed residential medical or elder care
facility. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.  
  SECTION 1.    Section 2653 of the Penal Code is
amended to read:
   2653.  (a) If a physician employed by the Department of
Corrections and Rehabilitation certifies in writing that a particular
medical treatment is required to prevent a violation of Section 147,
673, 2650, or 2652, or is required to prevent serious and imminent
harm to the health of a prisoner, the order for that particular
medical treatment may not be modified or canceled by any employee of
the department without the approval of the chief medical officer of
the institution or the physician in attendance unless an inmate or
ward has a known history of violent or otherwise disruptive behavior
that requires additional measures to protect the safety and security
of the institution specified in writing by the warden or
superintendent, or unless immediate security needs require alternate
or modified procedures. Following any necessary modified or alternate
security procedures, treatment of the inmate or ward shall be
effected as expeditiously as possible.
   Nothing in this section shall be construed to prevent a registered
nurse from questioning, or seeking clarification of, an order from a
physician that in the professional judgment of that nurse endangers
patient health or safety, or otherwise is contrary to the
professional ethics of the registered nurse.
   (b) Any person who violates this section shall be subject to
appropriate disciplinary action by the department.