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SB 1262 Senate Bill-Bill Analysis Page 8 of 18 <br /> b) To ensure that patients and their primary caregivers who <br /> obtain and use cannabis for medical purposes upon the <br /> recommendation of a physician are not subject to criminal <br /> prosecution or sanction. <br /> c) To encourage the Federal and State governments to <br /> implement a plan to provide for the safe and affordable <br /> distribution of cannabis to all patients in medical need of <br /> cannabis. (Health & Saf. Code, § 11362.5, subd. <br /> (b) (1) (A)-(C) .) <br /> 3)States that nothing in this section shall be construed to <br /> supersede legislation prohibiting persons from engaging in <br /> conduct that endangers others, nor to condone the diversion of <br /> cannabis for nonmedical purposes. (Health & Saf. Code, § <br /> 11362.5, subd. (b) (2) .) <br /> 4)Provides that, notwithstanding any other provision of law, no <br /> physician in California shall be punished, or denied any right <br /> or privilege, for having recommended cannabis to a patient for <br /> medical purposes. (Health & Saf. Code, § 11362.5, subd. (c) .) <br /> 5)Defines a "primary caregiver" as the individual designated by <br /> a patient who has consistently assumed responsibility for the <br /> housing, health, or safety of that person. (Health & Saf. <br /> Code, § 11362.5, subd. (e) .) <br /> 6)States that existing law, relating to the possession and the <br /> cultivation of cannabis, shall not apply to a patient, or to a <br /> patient's primary caregiver, who possesses or cultivates <br /> cannabis for the personal medical purposes of the patient upon <br /> SB 1262 <br /> Page 11 <br /> the written or oral recommendation or approval of a physician. <br /> (Health & Saf. Code, § 11362.5, subd. (d) .) <br /> 7)Requires the Department of Public Health to establish and <br /> maintain a voluntary program for qualified patients to apply <br /> for identification cards, and county health departments to <br /> issue identification cards to qualified patients and their <br /> caregivers. (Health & Saf. Code, § 11362.71, subds. (a) and <br /> (b) .) <br /> 8)Provides that persons with valid identification cards shall <br /> not be subject to arrest for possession, transportation, <br /> delivery, or cultivation of cannabis, absent evidence of <br /> fraud. (Health & Saf. Code, § 11362.71, subd. (e) .) <br /> 9)Provides that patients and caregivers may possess and <br /> cultivate an amount of cannabis reasonably necessary for the <br /> patient's current medical needs, notwithstanding any limits <br /> set by the Legislature that impermissibly amend the CUA. <br /> (People v. Kelly (2010) 47 Ca1.4th 1008, 1043.) <br /> 10)Requires a person who seeks an identification card to pay a <br /> fee and provide to the county health department the person's: <br /> name, proof of residency, written doctor's recommendation, <br /> doctor's name and contact information, caregiver's name and <br /> duties; and, patient's and caregiver's government-issued photo <br /> identification card. (Health & Saf. Code, § 11362.715, subd. <br /> (a) .) <br /> 11)Requires county health departments to issue serially numbered <br /> identification cards to patients and caregivers containing: a <br /> unique user identification number, an expiration date, the <br /> county health department's name and telephone number, photo <br /> http://www.leginfo.ca.gov/pub/13-14/bill/sen/sb_1251-1300/sb_I262_cfa_20140626_111950_asm_comm.html 7/3/2014 <br />