Senate Bill 420 Full Text
California Senate Bill Number: SB 420 --
Bill Text
INTRODUCED FEBRUARY 20, 2003 BY Senator Vasconcellos
PASSED SENATE SEPTEMBER 11, 2003
PASSED ASSEMBLY SEPTEMBER 10, 2003
(Principal coauthor: Assembly Member Leno. Coauthors: Assembly Members Goldberg,
Hancock, and Koretz)
An act to add Article 2.5 (commencing with Section 11362.7) to Chapter 6 of Division 10
of the Health and Safety Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 420, Vasconcellos. Medical marijuana.
Existing law, 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 patient, or to 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.
This bill would 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. The bill would specify the department's duties
in this regard, including developing related protocols and forms, and establishing
application and renewal fees for the program.
The bill would impose various duties upon county health departments relating to the
issuance of identification cards, thus creating a state-mandated local program.
The bill would create various crimes related to the identification card program, thus
imposing a state-mandated local program. This bill would authorize the Attorney General
to set forth and clarify details concerning possession and cultivation limits, and other
regulations, as specified. The bill would also authorize the Attorney General to
recommend modifications to the possession or cultivation limits set forth in the bill. The
bill would require the Attorney General to develop and adopt guidelines to ensure the
security and no diversion of marijuana grown for medical use, as specified.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide and other
procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that no reimbursement is required by this act for specified
reasons.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the following:
(1) On November 6, 1996, the people of the State of California enacted the
Compassionate Use Act of 1996 (hereafter the act), codified in Section 11362.5 of the
Health and Safety Code, in order to allow seriously ill residents of the state, who have the
oral or written approval or recommendation of a physician, to use marijuana for medical
purposes without fear of criminal liability under Sections 11357 and 11358 of the Health
and Safety Code.
(2) However, reports from across the state have revealed problems and uncertainties in
the act that have impeded the ability of law enforcement officers to enforce its provisions
as the voters intended and, therefore, have prevented qualified patients and designated
primary caregivers from obtaining the protections afforded by the act.
(3) Furthermore, the enactment of this law, as well as other recent legislation dealing with
pain control, 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.
(4) In addition, the act called upon the state and the federal government to develop a plan
for the safe and affordable distribution of marijuana to all patients in medical need
thereof.
(b) It is the intent of the Legislature, therefore, to do all of the following:
(1) 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.
(2) Promote uniform and consistent application of the act among the counties within the
state.
(3) Enhance the access of patients and caregivers to medical marijuana through
collective, cooperative cultivation projects.
(c) It is also the intent of the Legislature to 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.
(d) The Legislature further finds and declares both of the following:
(1) A state identification card program will further the goals outlined in this section.
(2) With respect to individuals, the identification system established pursuant to this act
must be wholly voluntary, and a patient entitled to the protections of Section 11362.5 of
the Health and Safety Code need not possess an identification card in order to claim the
protections afforded by that section.
(e) The Legislature further finds and declares that it enacts this act pursuant to the powers
reserved to the State of California and its people under the Tenth Amendment to the
United States Constitution.
SEC. 2. Article 2.5 (commencing with Section 11362.7) is added to Chapter 6 of
Division 10 of the Health and Safety Code, to read:
Article 2.5. Medical Marijuana Program
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11362.7. For purposes of this article, the following definitions shall apply:
(a) "Attending physician" means an individual who possesses a license in good standing
to practice medicine or osteopathy issued by the Medical Board of California or the
Osteopathic Medical Board of California and who has taken responsibility for an aspect
of the medical care, treatment, diagnosis, counseling, or referral of a patient and who has
conducted a medical examination of that patient before recording in the patient's medical
record the physician's assessment of whether the patient has a serious medical condition
and whether the medical use of marijuana is appropriate.
(b) "Department" means the State Department of Health Services.
(c) "Person with an identification card" means an individual who is a qualified patient
who has applied for and received a valid identification card pursuant to this article.
(d) "Primary caregiver" means the individual, designated by a qualified patient or by a
person with an identification card, who has consistently assumed responsibility for the
housing, health, or safety of that patient or person, and may include any of the following:
(1) In any case in which a qualified patient or person with an identification card receives
medical care or supportive services, or both, from a clinic licensed pursuant to Chapter 1
(commencing with Section 1200) of Division 2, a health care facility licensed pursuant to
Chapter 2 (commencing with Section 1250) of Division 2, a residential care facility for
persons with chronic life-threatening illness licensed pursuant to Chapter 3.01
(commencing with Section 1568.01) of Division 2, a residential care facility for the
elderly licensed pursuant to Chapter 3.2 (commencing with Section 1569) of Division 2,
a hospice, or a home health agency licensed pursuant to Chapter 8 (commencing with
Section 1725) of Division 2, the owner or operator, or no more than three employees who
are designated by the owner or operator, of the clinic, facility, hospice, or home health
agency, if designated as a primary caregiver by that qualified patient or person with an
identification card.
(2) An individual who has been designated as a primary caregiver by more than one
qualified patient or person with an identification card, if every qualified patient or person
with an identification card who has designated that individual as a primary caregiver
resides in the same city or county as the primary caregiver.
(3) An individual who has been designated as a primary caregiver by a qualified patient
or person with an identification card who resides in a city or county other than that of the
primary caregiver, if the individual has not been designated as a primary caregiver by any
other qualified patient or person with an identification card.
(e) A primary caregiver shall be at least 18 years of age, unless the primary caregiver is
the parent of a minor child who is a qualified patient or a person with an identification
card or the primary caregiver is a person otherwise entitled to make medical decisions
under state law pursuant to Sections 6922, 7002, 7050, or 7120 of the Family Code.
(f) "Qualified patient" means a person who is entitled to the protections of Section
11362.5, but who does not have an identification card issued pursuant to this article.
(g) "Identification card" means a document issued by the State Department of Health
Services that document identifies a person authorized to engage in the medical use of
marijuana and the person's designated primary caregiver, if any.
(h) "Serious medical condition" means all of the following medical conditions:
(1) Acquired immune deficiency syndrome (AIDS).
(2) Anorexia.
(3) Arthritis.
(4) Cachexia.
(5) Cancer.
(6) Chronic pain.
(7) Glaucoma.
(8) Migraine.
(9) Persistent muscle spasms, including, but not limited to, spasms associated with
multiple sclerosis.
(10) Seizures, including, but not limited to, seizures associated with epilepsy.
(11) Severe nausea.
(12) Any other chronic or persistent medical symptom that either:
(A) Substantially limits the ability of the person to conduct one or more major life
activities as defined in the Americans with Disabilities Act of 1990 (Public Law 101-
336).
(B) If not alleviated, may cause serious harm to the patient's safety or physical or mental
health.
(i) "Written documentation" means accurate reproductions of those portions of a patient's
medical records that have been created by the attending physician, that contain the
information required by paragraph (2) of subdivision (a) of Section 11362.715, and that
the patient may submit to a county health department or the county's designee as part of
an application for an identification card.
11362.71. (a) (1) The department shall establish and maintain a voluntary program for the
issuance of identification cards to qualified patients who satisfy the requirements of this
article and voluntarily apply to the identification card program.
(2) The department shall establish and maintain a 24-hour, toll-free telephone number
that will enable state and local law enforcement officers to have immediate access to
information necessary to verify the validity of an identification card issued by the
department, until a cost-effective Internet Web-based system can be developed for this
purpose.
(b) Every county health department, or the county's designee, shall do all of the
following:
(1) Provide applications upon request to individuals seeking to join the identification card
program.
(2) Receive and process completed applications in accordance with Section 11362.72.
(3) Maintain records of identification card programs.
(4) Utilize protocols developed by the department pursuant to paragraph (1) of
subdivision (d).
(5) Issue identification cards developed by the department to approved applicants and
designated primary caregivers.
(c) The county board of supervisors may designate another health-related governmental
or nongovernmental entity or organization to perform the functions described in
subdivision (b), except for an entity or organization that cultivates or distributes
marijuana.
(d) The department shall develop all of the following:
(1) Protocols that shall be used by a county health department or the county's designee to
implement the responsibilities described in subdivision (b), including, but not limited to,
protocols to confirm the accuracy of information contained in an application and to
protect the confidentiality of program records.
(2) Application forms that shall be issued to requesting applicants.
(3) An identification card that identifies a person authorized to engage in the medical use
of marijuana and an identification card that identifies the person's designated primary
caregiver, if any. The two identification cards developed pursuant to this paragraph shall
be easily distinguishable from each other.
(e) No person or designated primary caregiver in possession of a valid identification card
shall be subject to arrest for possession, transportation, delivery, or cultivation of medical
marijuana in an amount established pursuant to this article, unless there is reasonable
cause to believe that the information contained in the card is false or falsified, the card
has been obtained by means of fraud, or the person is otherwise in violation of the
provisions of this article.
(f) It shall not be necessary for a person to obtain an identification card in order to claim
the protections of Section 11362.5.
11362.715. (a) A person who seeks an identification card shall pay the fee, as provided in
Section 11362.755, and provide all of the following to the county health department or
the county's designee on a form developed and provided by the department:
(1) The name of the person, and proof of his or her residency within the county.
(2) Written documentation by the attending physician in the person' s medical records
stating that the person has been diagnosed with a serious medical condition and that the
medical use of marijuana is appropriate.
(3) The name, office address, office telephone number, and California medical license
number of the person's attending physician.
(4) The name and the duties of the primary caregiver.
(5) A government-issued photo identification card of the person and of the designated
primary caregiver, if any. If the applicant is a person under 18 years of age, a certified
copy of a birth certificate shall be deemed sufficient proof of identity.
(b) If the person applying for an identification card lacks the capacity to make medical
decisions, the application may be made by the person's legal representative, including,
but not limited to, any of the following:
(1) A conservator with authority to make medical decisions.
(2) An attorney-in-fact under a durable power of attorney for health care or surrogate
decision maker authorized under another advanced health care directive.
(3) Any other individual authorized by statutory or decisional law to make medical
decisions for the person.
(c) The legal representative described in subdivision (b) may also designate in the
application an individual, including himself or herself, to serve as a primary caregiver for
the person, provided that the individual meets the definition of a primary caregiver.
(d) The person or legal representative submitting the written information and
documentation described in subdivision (a) shall retain a copy thereof.
11362.72. (a) Within 30 days of receipt of an application for an identification card, a
county health department or the county's designee shall do all of the following:
(1) For purposes of processing the application, verify that the information contained in
the application is accurate. If the person is less than 18 years of age, the county health
department or its designee shall also contact the parent with legal authority to make
medical decisions, legal guardian, or other person or entity with legal authority to make
medical decisions, to verify the information.
(2) Verify with the Medical Board of California or the Osteopathic Medical Board of
California that the attending physician has a license in good standing to practice medicine
or osteopathy in the state.
(3) Contact the attending physician by facsimile, telephone, or mail to confirm that the
medical records submitted by the patient are a true and correct copy of those contained in
the physician's office records. When contacted by a county health department or the
county' s designee, the attending physician shall confirm or deny that the contents of the
medical records are accurate.
(4) Take a photograph or otherwise obtain an electronically transmissible image of the
applicant and of the designated primary caregiver, if any.
(5) Approve or deny the application. If an applicant who meets the requirements of
Section 11362.715 can establish that an identification card is needed on an emergency
basis, the county or its designee shall issue a temporary identification card that shall be
valid for 30 days from the date of issuance. The county, or its designee, may extend the
temporary identification card for no more than 30 days at a time, so long as the applicant
continues to meet the requirements of this paragraph.
(b) If the county health department or the county's designee approves the application, it
shall, within 24 hours, or by the end of the next working day of approving the
application, electronically transmit the following information to the department:
(1) A unique user identification number of the applicant.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department or the county's
designee that has approved the application.
(c) The county health department or the county's designee shall issue an identification
card to the applicant and to his or her designated primary caregiver, if any, within five
working days of approving the application.
(d) In any case involving an incomplete application, the applicant shall assume
responsibility for rectifying the deficiency. The county shall have 14 days from the
receipt of information from the applicant pursuant to this subdivision to approve or deny
the application.
11362.735. (a) An identification card issued by the county health department shall be
serially numbered and shall contain all of the following:
(1) A unique user identification number of the cardholder.
(2) The date of expiration of the identification card.
(3) The name and telephone number of the county health department or the county's
designee that has approved the application.
(4) A 24-hour, toll-free telephone number, to be maintained by the department, that will
enable state and local law enforcement officers to have immediate access to information
necessary to verify the validity of the card.
(5) Photo identification of the cardholder.
(b) A separate identification card shall be issued to the person's designated primary
caregiver, if any, and shall include a photo identification of the caregiver.
11362.74. (a) The county health department or the county's designee may deny an
application only for any of the following reasons:
(1) The applicant did not provide the information required by Section 11362.715, and
upon notice of the deficiency pursuant to subdivision (d) of Section 11362.72, did not
provide the information within 30 days.
(2) The county health department or the county's designee determines that the
information provided was false.
(3) The applicant does not meet the criteria set forth in this article.
(b) Any person whose application has been denied pursuant to subdivision (a) may not
reapply for six months from the date of denial unless otherwise authorized by the county
health department or the county's designee or by a court of competent jurisdiction.
(c) Any person whose application has been denied pursuant to subdivision (a) may appeal
that decision to the department. The county health department or the county's designee
shall make available a telephone number or address to which the denied applicant can
direct an appeal.
11362.745. (a) An identification card shall be valid for a period of one year.
(b) Upon annual renewal of an identification card, the county health department or its
designee shall verify all new information and may verify any other information that has
not changed. (c) The county health department or the county's designee shall transmit its
determination of approval or denial of a renewal to the department.
11362.755. (a) The department shall establish application and renewal fees for persons
seeking to obtain or renew identification cards that are sufficient to cover the expenses
incurred by the department, including the startup cost, the cost of reduced fees for Medi-
Cal beneficiaries in accordance with subdivision (b), the cost of identifying and
developing a cost-effective Internet Web-based system, and the cost of maintaining the
24-hour toll-free telephone number. Each county health department or the county's
designee may charge an additional fee for all costs incurred by the county or the county's
designee for administering the program pursuant to this article.
(b) Upon satisfactory proof of participation and eligibility in the Medi-Cal program, a
Medi-Cal beneficiary shall receive a 50 percent reduction in the fees established pursuant
to this section.
11362.76. (a) A person who possesses an identification card shall:
(1) Within seven days, notify the county health department or the county's designee of
any change in the person's attending physician or designated primary caregiver, if any.
(2) Annually submit to the county health department or the county' s designee the
following:
(A) Updated written documentation of the person's serious medical condition.
(B) The name and duties of the person's designated primary caregiver, if any, for the
forthcoming year.
(b) If a person who possesses an identification card fails to comply with this section, the
card shall be deemed expired. If an identification card expires, the identification card of
any designated primary caregiver of the person shall also expire.
(c) If the designated primary caregiver has been changed, the previous primary caregiver
shall return his or her identification card to the department or to the county health
department or the county's designee.
(d) If the owner or operator or an employee of the owner or operator of a provider has
been designated as a primary caregiver pursuant to paragraph (1) of subdivision (d) of
Section 11362.7, of the qualified patient or person with an identification card, the owner
or operator shall notify the county health department or the county's designee, pursuant to
Section 11362.715, if a change in the designated primary caregiver has occurred.
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.
(c) 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.
11362.77. (a) A qualified patient or primary caregiver may possess no more than
eight ounces of dried marijuana per qualified patient. In addition, a qualified
patient or primary caregiver may also maintain no more than six mature or 12
immature marijuana plants per qualified patient.
(b) If a qualified patient or primary caregiver has a doctor's recommendation that
this quantity does not meet the qualified patient' s medical needs, the qualified
patient or primary caregiver may possess an amount of marijuana consistent with
the patient's needs.
(c) Counties and cities may retain or enact medical marijuana guidelines allowing
qualified patients or primary caregivers to exceed the state limits set forth in
subdivision (a).
(d) Only the dried mature processed flowers of female cannabis plant or the plant
conversion shall be considered when determining allowable quantities of marijuana
under this section.
(e) The Attorney General may recommend modifications to the possession or cultivation
limits set forth in this section. These recommendations, if any, shall be made to the
Legislature no later than December 1, 2005, and may be made only after public comment
and consultation with interested organizations, including, but not limited to, patients,
health care professionals, researchers, law enforcement, and local governments. Any
recommended modification shall be consistent with the intent of this article and shall be
based on currently available scientific research.
(f) A qualified patient or a person holding a valid identification card, or the
designated primary caregiver of that qualified patient or person, may possess
amounts of marijuana consistent with this article.
11362.775. Qualified patients, persons with valid identification cards, and the designated
primary caregivers of qualified patients and persons with identification cards, who
associate within the State of California in order collectively or cooperatively to cultivate
marijuana for medical purposes, shall not solely on the basis of that fact be subject to
state criminal sanctions under Section 11357, 11358, 11359, 11360, 11366, 11366.5, or
11570.
11362.78. A state or local law enforcement agency or officer shall not refuse to accept an
identification card issued by the department unless the state or local law enforcement
agency or officer has reasonable cause to believe that the information contained in the
card is false or fraudulent, or the card is being used fraudulently.
11362.785. (a) Nothing in this article shall require any accommodation of any medical
use of marijuana on the property or premises of any place of employment or during the
hours of employment or on the property or premises of any jail, correctional facility, or
other type of penal institution in which prisoners reside or persons under arrest are
detained.
(b) Notwithstanding subdivision (a), a person shall not be prohibited or prevented from
obtaining and submitting the written information and documentation necessary to apply
for an identification card on the basis that the person is incarcerated in a jail, correctional
facility, or other penal institution in which prisoners reside or persons under arrest are
detained.
(c) Nothing in this article shall prohibit a jail, correctional facility, or other penal
institution in which prisoners reside or persons under arrest are detained, from permitting
a prisoner or a person under arrest who has an identification card, to use marijuana for
medical purposes under circumstances that will not endanger the health or safety of other
prisoners or the security of the facility.
(d) Nothing in this article shall require a governmental, private, or any other health
insurance provider or health care service plan to be liable for any claim for
reimbursement for the medical use of marijuana.
11362.79. Nothing in this article shall authorize a qualified patient or person with an
identification card to engage in the smoking of medical marijuana under any of the
following circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation center, or youth center,
unless the medical use occurs within a residence.
(c) On a school bus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.
11362.795. (a) (1) Any criminal defendant who is eligible to use marijuana pursuant to
Section 11362.5 may request that the court confirm that he or she is allowed to use
medical marijuana while he or she is on probation or released on bail.
(2) The court's decision and the reasons for the decision shall be stated on the record and
an entry stating those reasons shall be made in the minutes of the court.
(3) During the period of probation or release on bail, if a physician recommends that the
probationer or defendant use medical marijuana, the probationer or defendant may
request a modification of the conditions of probation or bail to authorize the use of
medical marijuana.
(4) The court's consideration of the modification request authorized by this subdivision
shall comply with the requirements of this section.
(b) (1) Any person who is to be released on parole from a jail, state prison, school, road
camp, or other state or local institution of confinement and who is eligible to use medical
marijuana pursuant to Section 11362.5 may request that he or she be allowed to use
medical marijuana during the period he or she is released on parole. A parolee's written
conditions of parole shall reflect whether or not a request for a modification of the
conditions of his or her parole to use medical marijuana was made, and whether the
request was granted or denied.
(2) During the period of the parole, where a physician recommends that the parolee use
medical marijuana, the parolee may request a modification of the conditions of the parole
to authorize the use of medical marijuana.
(3) Any parolee whose request to use medical marijuana while on parole was denied may
pursue an administrative appeal of the decision. Any decision on the appeal shall be in
writing and shall reflect the reasons for the decision.
(4) The administrative consideration of the modification request authorized by this
subdivision shall comply with the requirements of this section.
11362.8. No professional licensing board may impose a civil penalty or take other
disciplinary action against a licensee based solely on the fact that the licensee has
performed acts that are necessary or appropriate to carry out the licensee's role as a
designated primary caregiver to a person who is a qualified patient or who possesses a
lawful identification card issued pursuant to Section 11362.72. However, this section
shall not apply to acts performed by a physician relating to the discussion or
recommendation of the medical use of marijuana to a patient. These discussions or
recommendations, or both, shall be governed by Section 11362.5.
11362.81. (a) A person specified in subdivision (b) shall be subject to the following
penalties:
(1) For the first offense, imprisonment in the county jail for no more than six months or a
fine not to exceed one thousand dollars ($1,000), or both.
(2) For a second or subsequent offense, imprisonment in the county jail for no more than
one year, or a fine not to exceed one thousand dollars ($1,000), or both.
(b) Subdivision (a) applies to any of the following:
(1) A person who fraudulently represents a medical condition or fraudulently provides
any material misinformation to a physician, county health department or the county's
designee, or state or local law enforcement agency or officer, for the purpose of falsely
obtaining an identification card.
(2) A person who steals or fraudulently uses any person's identification card in order to
acquire, possess, cultivate, transport, use, produce, or distribute marijuana.
(3) A person who counterfeits, tampers with, or fraudulently produces an identification
card.
(4) A person who breaches the confidentiality requirements of this article to information
provided to, or contained in the records of, the department or of a county health
department or the county's designee pertaining to an identification card program.
(c) In addition to the penalties prescribed in subdivision (a), any person described in
subdivision (b) may be precluded from attempting to obtain, or obtaining or using, an
identification card for a period of up to six months at the discretion of the court.
(d) In addition to the requirements of this article, the Attorney General shall develop and
adopt appropriate guidelines to ensure the security and non-diversion of marijuana grown
for medical use by patients qualified under the Compassionate Use Act of 1996.
11362.82. If any section, subdivision, sentence, clause, phrase, or portion of this article is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
that portion shall be deemed a separate, distinct, and independent provision, and that
holding shall not affect the validity of the remaining portion thereof.
11362.83. Nothing in this article shall prevent a city or other local governing body from
adopting and enforcing laws consistent with this article.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B
of the California Constitution for certain costs that may be incurred by a local agency or
school district because in that regard 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.
In addition, no reimbursement is required by this act pursuant to Section 6 of Article XIII
B of the California Constitution for other costs mandated by the state because this act
includes additional revenue that is specifically intended to fund the costs of the state
mandate in an amount sufficient to fund the cost of the state mandate, within the meaning
of Section 17556 of the Government Code.
* Footnotes to the above:
11366. Every person who opens or maintains any place for the purpose of unlawfully
selling, giving away, or using any controlled substance which is (1) specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of Section 11054, specified
in paragraph (13), (14), (15), or (20) of subdivision (d) of Section 11054, or specified in
subdivision (b), (c), paragraph (1) or (2) of subdivision (d), or paragraph (3) of
subdivision (e) of Section 11055, or (2) which is a narcotic drug classified in Schedule
III, IV, or V, shall be punished by imprisonment in the county jail for a period of not
more than one year or the state prison.
11366.5. (a) Any person who has under his or her management or control any building,
room, space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee,
who knowingly rents, leases, or makes available for use, with or without compensation,
the building, room, space, or enclosure for the purpose of unlawfully manufacturing,
storing, or distributing any controlled substance for sale or distribution shall be punished
by imprisonment in the county jail for not more than one year, or in the state prison.
(b) Any person who has under his or her management or control any building, room,
space, or enclosure, either as an owner, lessee, agent, employee, or mortgagee, who
knowingly allows the building, room, space, or enclosure to be fortified to suppress law
enforcement entry in order to further the sale of any amount of cocaine base as specified
in paragraph (1) of subdivision (f) of Section 11054, cocaine as specified in paragraph (6)
of subdivision (b) of Section 11055, heroin, phencyclidine, amphetamine,
methamphetamine, or lysergic acid diethylamide and who obtains excessive profits from
the use of the building, room, space, or enclosure shall be punished by imprisonment in
the state prison for two, three, or four years.
(c) Any person who violates subdivision (a) after previously being convicted of a
violation of subdivision (a) shall be punished by imprisonment in the state prison for two,
three, or four years.
(d) For the purposes of this section, "excessive profits" means the receipt of consideration
of a value substantially higher than fair market value.
11570. Every building or place used for the purpose of unlawfully selling, serving,
storing, keeping, manufacturing, or giving away any controlled substance, precursor, or
analog specified in this division, 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, whether it is a public or private nuisance.
