VERIFICATION

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Prescription

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FAQ

Proposition 64 adds five new statutes to the Health and Safety Code (HSC) under Section 5, Use of Marijuana for Medical Purposes. It provides for the following changes to the Medical Marijuana Identification Card (MMIC) program: It extends privacy protection to patients who hold a MMIC issued under the Medical Marijuana Program Act (MMPA). HSC Section §11362.713 provides for privacy rights of patients by ensuring that all patient information is deemed "medical information," under California's "Confidentiality of Medical Information Act," which is similar to the federal Health Insurance Portability and Accountability Act (HIPPA). It continues the MMIC, limits the maximum fee to $100 per card, limits the Medi-Cal maximum fee to $50 per card, and allows for a fee waiver for indigent patients. It grants new custodial and parental rights protections for patients as follows: "The status and conduct of a qualified patient who acts in accordance with the Compassionate Use Act shall not, by itself, be used to restrict or abridge custodial or parental rights to minor children in any action or proceeding under the jurisdiction of family or juvenile court." It provides that if the federal government reclassifies or declassifies cannabis, the Legislature may similarly reclassify or declassify cannabis to conform with federal law. The California Cannabis Association (CCA) will continue to print MMICs and maintain a registry database for verification of qualified patients and their primary caregivers. Effective November 9, 2016, qualified patients or their primary caregivers will be exempted from retail sales tax on medical cannabis, medical cannabis concentrate, edible medical cannabis products, or topical cannabis if they present a valid MMIC issued by CCA at the time of purchase.

Although Proposition 64 amends some statutory provisions governing the MMIC program, it does not abolish it. CCA will continue to print identification cards and maintain a registry database for verification of qualified patients and their primary caregivers.

Prop 215 is another term for the Compassionate Use Act of 1996. Prop 215 was the first statewide medical marijuana measure voted into law in the United States. Prop 215 provides protections to seriously ill persons who have their doctor's recommendation to use marijuana for medical purposes. Prop 215 also provides protections to the physicians and primary caregivers who assist these seriously ill persons, who are known as "qualified patients" under SB 420 (Chapter 875, Statutes of 2003). SB 420 was enacted into the HSC (Sections 11362.7 through 11362.83) to address problems with Prop 215. SB 420 required the CCA to create the Medical Marijuana Program (MMP). The state MMP is responsible for developing and maintaining an online registry and verification system for Medical Marijuana Identification Cards or "MMICs." MMICs are available to qualified patients and their primary caregivers. The intent of SB 420 is to help law enforcement and qualified patients create a form of identification for qualified patients that is official and uniform throughout the State. The online registry allows law enforcement to verify that a MMIC is valid.