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Legislative History of SB 420 of 2003

April 20, 2010

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Health and Safety Code sections 11362.7, et seq., were enacted following passage of Senate Bill 420, which affected only these sections relating to medical marijuana. Senator John Vasconcellos introduced the bill on February 20, 2003 to implement Proposition 215 of 1996. 

Senate Bill 420 was assigned to the Senate Committee on Health and Human Services and the Assembly Committees on Public Safety and Health where policy issues raised by the bill were considered. The fiscal ramifications of the bill were considered by the Senate Committee on Appropriations and the Assembly Committee on Appropriations.  Four amendments were made to Senate Bill 420 during legislative consideration.  Subsequent to legislative approval, Governor Gray Davis signed Senate Bill 420 on October 12, 2003, and it was recorded by the Secretary of State as Chapter 875 of the Statutes of 2003. 

The Unfinished Business analysis prepared by the Office of Senate Floor Analyses provided the following summary of Senate Bill 420 as it was last amended on September 9, 2003:

"DIGEST: This bill establishes a voluntary program for the issuance of identification (ID) cards to patients qualified to use medical marijuana and makes numerous legal definitions, clarifications, and statutory changes necessary to implement and enforce a system providing medical marijuana to chronically ill patients."


The Background information sheet located in the file of the Senate Committee on Health and Human Services described the need for the bill, stating:

SB 420 seeks to implement Proposition 215 passed in 1996 by establishing a voluntary registry identification system for persons who are legitimate users of medical marijuana and their primary caregivers.  The card immunizes the cardholder from unnecessary arrest and prosecution for possession, transportation and cultivation of marijuana for medicinal purposes.  Additionally, the bill requires the Department of Health Services to issues regulations determining appropriate quantity of marijuana for possession by qualified patients.

The lack of clear guidelines for implementation of Proposition 215 have impeded the ability of law enforcement to consistently interpret and enforce the law.  Additionally, it has limited patients’ access to their medicine.  See attached fact sheet for more information.
(See Exhibit A, #4, document SP-1)   


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