AB 480

Current law prohibits a person from manufacturing, distributing, or delivering

marijuana; possessing marijuana with the intent to manufacture, distribute, or

deliver it; possessing or attempting to possess marijuana; using drug paraphernalia;

or possessing drug paraphernalia with the intent to produce, distribute, or use a

controlled substance. This bill creates a medical use defense to marijuana-related

prosecutions and forfeiture actions for, and prohibits the arrest or prosecution of,

persons who are registered with the Department of Health Services (DHS) and have

certain debilitating medical conditions or treatments and primary caregivers of such

persons. The defense and prohibition apply to primary caregivers only if it is not

practicable for the person to acquire, possess, cultivate, or transport marijuana

independently or the person is under the age of 18. The defense and prohibition do

not apply under certain circumstances, including the following: 1) if the person does

not have a valid registry identification card or equivalent; 2) if the amount of

marijuana involved in the offense is more than the maximum authorized amount of

marijuana (12 marijuana plants and three ounces of marijuana leaves or flowers);

3) if, while under the influence of marijuana, the person drives or operates a motor

vehicle or operates heavy machinery or engages in any other conduct that endangers

the health or well being of another person; and 4) if the person smokes marijuana at

certain places including on a school bus or on public transit, at his or her place of

employment, or on school premises.

The bill requires DHS to establish a registry for persons who use marijuana for

medical use. Under the bill, a person may apply for a registry identification card by

submitting to DHS a signed application, a written certification, and a registration

fee of not more than $150. DHS must verify the information and issue the person

a registry identification card. A registry identification card is generally valid for two

years and may be renewed. DHS may not disclose that it has issued to a person a

registry identification card, or information from an application for one, except to a

law enforcement agency for the purpose of verifying that a person possesses a valid

registry identification card. This bill also requires DHS to promulgate a rule listing

other jurisdictions that allow the medical use of marijuana by a visiting person or

allow a person to assist with a person's medical use of marijuana. This bill treats

documents issued by these entities the same as registry identification cards issued

by DHS.

The bill requires DHS to license and regulate nonprofit corporations, known as

compassion centers, that distribute or deliver marijuana or drug paraphernalia or

possess or manufacture marijuana or drug paraphernalia with the intent to deliver

or distribute to facilitate the medical use of marijuana. This bill prohibits

compassion centers from being located within 500 feet of a school, prohibits a

compassion center from distributing to a person more than a maximum authorized

amount of marijuana, and prohibits an organization from possessing a quantity that