BILL NUMBER: SB 1182	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Senator Leno

                        FEBRUARY 22, 2012

   An act to amend Section 11362.765 of the Health and Safety Code,
relating to medical marijuana.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1182, as amended, Leno. Medical marijuana.
   Existing law, the Compassionate Use Act of 1996, provides that a
patient or a patient's primary caregiver who possesses or cultivates
marijuana for personal medical purposes of the patient upon the
written or oral recommendation or approval of a physician is not
subject to conviction for offenses relating to possession and
cultivation of marijuana.
   Existing law also makes it a crime to possess for sale, plant,
cultivate, harvest, dry process, transport, import into this state,
sell, furnish, administer, or give away, to offer to transport,
import into this state, sell, furnish, administer, or give away, or
to attempt to import into this state or transport, any marijuana.
Existing law makes it a felony or misdemeanor to open or maintain any
place for the purpose of unlawfully selling, giving away, or using,
or to knowingly rent, lease, or make available for use a building,
room, space, or enclosure for the purpose of unlawfully
manufacturing, storing, or distributing any controlled substance for
sale or distribution. Existing law further provides that every
building or place used for the purpose of unlawfully selling,
serving, storing, keeping, manufacturing, or giving away any
controlled substance, and every building or place wherein or upon
which those acts take place, is a nuisance which shall be enjoined,
abated, and prevented, and for which damages may be recovered.
   Existing law requires the Attorney General to 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, and the Attorney General has published
guidelines regarding collectives and cooperatives organized and
operated to cultivate and distribute marijuana for medical purposes.
   This bill would exempt from the criminal acts and abatement of
nuisance provisions described above collectives  , 
 and  cooperatives  , and other business entities
that are organized and operated in compliance with the guidelines
published by the Attorney General, and the officers, members, and
employees of those collectives, cooperatives, and other business
entities   , as defined  . The bill would also
exempt those entities and persons from criminal prosecution or
punishment solely on the basis of the fact that they receive
compensation for actual expenses incurred in carrying out activities
that are in compliance with those guidelines.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 11362.765 of the Health and Safety Code is
amended to read:
   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.
   (4) Collectives  ,   and  cooperatives
 , and other business entities that are organized and
operated in compliance with paragraphs A and B of Section IV of the
Guidelines For The Security And Non-Diversion Of Marijuana Grown For
Medical Use issued by the Attorney General in August 2008, pursuant
to Section 11362.81, and the officers, members, and employees of
those collectives, cooperatives, and other business entities
 .
   (c) Collectives  ,   and  cooperatives
 , and other business entities that are organized and
operated in compliance with paragraphs A and B of Section IV of the
Guidelines For The Security And Non-Diversion Of Marijuana Grown for
Medical Use issued by the Attorney General in August 2008, pursuant
to Section 11362.81, and the officers, members, and employees of
those collectives, cooperatives, and other business entities, who
  that  receive compensation for actual expenses
incurred in carrying out activities that are in compliance with
 those   the  guidelines  referenced in
subdivision (e)  , including reasonable compensation incurred
for services provided to the members or the organization, shall not
be subject to prosecution or punishment under Section 11359 or 11360
solely on the basis of the fact that those entities or persons
receive compensation as described in this subdivision.
   (d) A primary caregiver who receives compensation for actual
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. 
   (e) (1) For purposes of this section, "collectives and
cooperatives" means a collective or cooperative that operates within
the terms of the Compassionate Use Act of 1996 (Section 11362.5) and
this article and that is organized and operated in compliance with
paragraphs A and B of Section IV of the Guidelines for the Security
and Non-Diversion of Marijuana Grown for Medical Use, issued by the
Attorney General in August 2008, pursuant to Section 11362.81. For
purposes of this section "collectives and cooperatives" includes the
officers, members, and employees of the collectives and cooperatives.
 
   (2) For purposes of this section, a collective may be organized as
any statutory business entity permitted under California law.