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* THC: Tetrahydrocannabinol, the main component in marijuana, known to permanently hamper brain development in minors. CBD: Cannabidiol, a cannabinoid that is a major component of marijuana plants, second only to THC, with properties but lacking THC’s intoxicating quality. CBD has analgesic (pain relieving) properties effective in treating PTSD, Chron’s Disease, multiple sclerosis, and some forms of epilepsy. Comparison Current Law, Recent Medical Marijuana Legislation, and January 2014 Medical Marijuana Proposal Current Law Recent (2013) Legislation 2014 Medical Marijuana Proposal Local Control Yes, but it is tenuous. Riverside v. Inland Empire (Cal. Supreme Ct. case) – upholds local bans, but decision invited Legislature to take further action to clarify law; periodic litigation prevails No. All bills sought to override local control, with exception of AB 473 (Ammiano) – protected local control with strong anti-pre-emption language (Health & Safety Sec. 11362.83) Yes. Unconditionally upholds local control (state license dependent upon evidence of local permitting approval) Public Safety (Diversion) Diversion generally prohibited under Compassionate Use Act and Health &Safety Sec. 11362.5(b)(2), but no specific provisions of law regulate dispensaries to help prevent it No provisions expressly addressing diversion (not even a recitation of existing law) Specifies the following: required security procedures at MM facilities, including secure storage of product; triggering events requiring local law enforcement notification; procedures for transport and inventorying of product Public Safety (Recreational Use) Prohibited by current law, but recreational use tolerated in many jurisdictions, so long as amounts do not indicate possession for sale No provisions expressly addressing recreational use (but AB 604 (Ammiano) included reference to traffic in both cannabis and medical cannabis) Implements strict provisions relating to physicians and their recommendation provisions. Prevents individuals from remaining on dispensary property if they are not actively engaging in dispensary operations, allows only registered patients and facility agents access to facility. ---PAGE BREAK--- * THC: Tetrahydrocannabinol, the main component in marijuana, known to permanently hamper brain development in minors. CBD: Cannabidiol, a cannabinoid that is a major component of marijuana plants, second only to THC, with properties but lacking THC’s intoxicating quality. CBD has analgesic (pain relieving) properties effective in treating PTSD, Chron’s Disease, multiple sclerosis, and some forms of epilepsy. Current Law Recent (2013) Legislation 2014 Medical Marijuana Proposal Regulation of Doctors Prop. 215 prohibits professional licensing boards from disciplinary or other action vs. doctors solely for issuing MM recommendations; further regulation dependent entirely on action on complaints by CA Medical Board Generally dependent on action on complaints by CA Medical Board (CMB); Exception: SB 439 (Steinberg) directed CMB to prioritize investigation of doctors recommending MM without patient exam, and defined this activity, as well as aiding unlicensed practitioners to make recos, as unprofessional conduct Requires special certification, doctor-patient relationship, and in-person exam to make MM recommendations; THC/CBD* content must be specified; strict standards for recos to minors; requires record keeping and reports to CA Medical Board; includes triggers for audits State Licensing Authority Non-existent (But SB 420 (2003) authorized Dept. of Public Health to administer voluntary medical marijuana card program) Dept. of Alcoholic Beverage Control Dept. of Public Health Health & Safety Standards Non-existent Non-existent Requires compliance with CA Sherman Food, Drug and Cosmetic Law (AB 1277, 2012); Prohibits use of non-organic pesticides; County health depts. to enforce with Dept. of Public Health oversight Quality Assurance Standards Non-existent Non-existent Requires Dept. of Public Health to establish quality assurance standards to protect vs. any contaminants not covered by other provisions Health Based Regulatory Entity No designated central regulatory entity (but Dept. of Public Health issues voluntary medical marijuana cards per SB 420 (2003) No. All legislation has designated the Dept. of Alcoholic Beverage Control as the regulatory entity Yes. Dept. of Public Health, the CA Medical Board, and county health departments each have critical role