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SB 1262 —6- <br /> 1 (2011) 192 Cal.App.4th 861. Nothing in this act shall diminish, <br /> 2 erode, or modem that authority. <br /> 3 (g) If, pursuant to this authority, a city or county determines <br /> 4 that a dispensary or other facility that makes medical marijuana <br /> 5 available may operate within its borders, then there is a need for <br /> 6 the state to license these dispensaries and other facilities for the <br /> 7 purpose of adopting and enforcing protocols for training and <br /> 8 certification of physicians who recommend the use of medical <br /> 9 marijuana and for agricultural cultivation practices.This licensing <br /> 10 requirement is not intended in any way nor shall it be construed <br /> 11 to preempt local ordinances, regulations, or enforcement actions <br /> 12 regarding the sale and use of medical marijuana, including, but <br /> 13 not limited to, security, signage, lighting, and inspections. <br /> 14 (h) All of the following elements are necessary to uphold <br /> 15 important state goals: <br /> 16 (I) Strict provisions to prevent the potential diversion of <br /> 17 marijuana for recreational use. <br /> 18 (2) Audits to accurately track the volume of both product <br /> 19 movement and sales. <br /> 20 (3) An effective means of restricting nonmedical access to <br /> 21 medical marijuana by minors. <br /> 22 (i) Nothing in this act shall be construed to promote or facilitate <br /> 23 the nonmedical,recreational possession,sale,or use of marijuana. <br /> 24 SEC.2. Section 2220.05 of the Business and Professions Code <br /> 25 is amended to read: <br /> 26 2220.05. (a) In order to ensure that its resources are maximized <br /> 27 for the protection of the public, the Medical Board of California <br /> 28 shall prioritize its investigative and prosecutorial resources to <br /> 29 ensure that physicians and surgeons representing the greatest threat <br /> 30 of harm are identified and disciplined expeditiously. Cases <br /> 31 involving any of the following allegations shall be handled on a <br /> 32 priority basis, as follows, with the highest priority being given to <br /> 33 cases in the first paragraph: <br /> 34 (1) Gross negligence, incompetence,or repeated negligent acts <br /> 35 that involve death or serious bodily injury to one or more patients, <br /> 36 such that the physician and surgeon represents a danger to the <br /> 37 public. <br /> 38 (2) Drug or alcohol abuse by a physician and surgeon involving <br /> 39 death or serious bodily injury to a patient. <br /> 94 <br />