Alameda County Municipal Code Ch. 6.110 Medical Cannabis Patient and Primary Caregiver Identification Cards

The provisions of this chapter shall be known as the medical cannabis patient and primary caregiver identification card program.

(Ord. 2003-53 § 1 (part))

The general purpose of the medical cannabis patient and primary caregiver identification card program is to recognize and protect the rights of qualified patients, their caregivers, physicians, and medical cannabis organizations, and to facilitate access to safe and affordable medical cannabis pursuant to the Compassionate Use Act of 1996 as codified at California Health and Safety Code Section 11362.5. In order to support this purpose, the county of Alameda recognizes that a "medical cannabis organization," as defined herein, may provide educational information, referral or networking services concerning access to safe, affordable, and lawful medical cannabis. This chapter shall not be construed by any member of the public to authorize possession, use, or transportation of cannabis that is not authorized by Health and Safety Code Section 11362.5 or by federal law.

(Ord. 2003-53 § 1 (part))

For the purpose of this chapter, certain words and phrases shall be construed as defined herein. Words in the singular include the plural, and words in the plural shall include the singular. Words in the present tense shall include the future. Masculine pronouns include feminine meaning and are not intended to be gender specific.

"Cannabis" shall mean marijuana and all parts of the plant "cannabis," whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation or the plant, its seeds or resin. The term, "cannabis" does not include non-medicinal parts such as the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the plant are incapable of germination.

"Department" shall mean the department of public health of the county of Alameda or an authorized contractor of the department of public health of the county of Alameda.

"Director" shall mean the director of public health for the county of Alameda or his designee.

"Medical cannabis organization" shall mean a cooperative, affiliation, organization or collective of persons, the main purpose of which is to provide educational information, referral or networking services concerning access to safe, affordable, and lawful medical cannabis. AN ENTITY MAY FUNCTION AS A MEDICAL CANNABIS ORGANIZATION UNDER THIS CHAPTER ONLY IF DESIGNATED AS SUCH BY THE COUNTY OF ALAMEDA PURSUANT TO SECTION 6.110.050(a) OF THIS CHAPTER.

"Medical cannabis patient and primary caregiver identification card program" shall mean the activities by the county of Alameda and persons authorized by the county to carry out the purposes of this chapter.

"Primary caregiver" shall mean the person or persons designated by the person exempted under California Health & Safety Code Section 11362.5(e) who has consistently assumed responsibility for the housing, health, or safety of that individual.

"Qualified patient" shall mean persons who qualify to use medical cannabis as set forth in California Health & Safety Code Section 11362.5. Minors would be required to obtain written consent from a parent and/or guardian.

(Ord. 2003-53 § 1 (part))

The county of Alameda hereby establishes a voluntary medical cannabis patient and primary caregiver identification card program in accordance with this chapter. This program is not required by state law, Health and Safety Code Section 11362.5. Such programs shall be administered by the medical cannabis organization designated in accordance with this chapter.

(Ord. 2003-53 § 1 (part))

(a) The county will contract with one or more entities as medical cannabis provider organizations upon the recommendation of a review committee as part of the open and competitive request for proposals (RFP) process of Alameda County.

(b) The designated medical cannabis organization shall facilitate the provisions of this chapter, including carrying out the purposes of this chapter by providing a medical cannabis identification card program for qualified patients and primary caregivers.

(Ord. 2003-53 § 1 (part))

(a) Medical cannabis organizations shall be authorized to issue a medical cannabis patient identification card to any qualified patient, pursuant to this chapter and any regulations adopted hereunder.

(b) The director is authorized to develop and publish regulations that specify the minimum qualifications and method of issuing medical cannabis patient identification cards to qualified patients.

(c) In addition to compliance with the regulations developed by the director, every applicant for a medical cannabis patient identification card shall present to the medical cannabis organization proof that the applicant's physician recommends cannabis use for the applicant and a California driver's license or a California state identification card.

(Ord. 2003-53 § 1 (part))

(a) Medical cannabis organizations shall be authorized to issue a primary caregiver identification card to any primary caregiver pursuant to this chapter and any regulations adopted hereunder.

(b) The director is authorized to develop and publish regulations that specify the minimum qualifications and method of issuing a primary caregiver identification card to primary caregivers.

(c) In addition to compliance with the regulations developed by the director, every applicant for a primary caregiver identification card shall provide to the medical cannabis organization proof that the applicant is a primary caregiver and other identification, such as a California driver's license or a California state identification card. In addition, the primary caregiver shall provide the recommendation by the qualified patient's physician for the medical use of cannabis by the qualified patient and the qualified patient's California driver's license or the California state identification card.

(Ord. 2003-53 § 1 (part))

(a) The medical cannabis patient identification card, issued in accordance with this chapter, shall bear a unique serial number, a California driver's license number or a California state identification card number, date of issuance of the identification card, first, middle, and last name of the card holder, a signature of the card holder, a picture or photograph of the card holder, the date of expiration of the identification card, and a statement that patient is in compliance with this chapter and Health and Safety Code Section 11362.5.

(b) The medical cannabis primary caregiver identification card, issued in accordance with this chapter, shall bear a unique serial number, a California driver's license number or a California state identification card number, date of issuance of the identification card, first, middle, and last name of the cardholder, a signature of the card holder, a picture or photograph of the card holder, the date of expiration of the identification card, and a statement that patient is in compliance with this chapter and Health and Safety Code Section 11362.5.

C. Both medical cannabis patient identification cards and primary caregiver identification cards shall state the following: "This card does not protect an individual from arrest or prosecution for the use, possession or transportation of cannabis that is not authorized by Health and Safety Code § 11362.5 or federal law."

(Ord. 2003-53 § 1 (part))

A. The medical cannabis organization shall review and determine the validity of the documentation and statements made in support of each application for a medical cannabis patient identification card and a primary caregiver identification card in accordance with the regulations developed by the director as set forth in Section 6.110.060. The medical cannabis organization shall issue the requested card upon satisfactory completion of the application process.

B. All documentation on a medical cannabis patient or a primary caregiver shall be kept on file in a manner accessible to the department for purposes of monitoring and compliance.

C. Upon request from law enforcement, the designated medical cannabis organization is authorized to verify the current status of the identification card based only upon the serial number. Both qualified patient and primary caregiver cards will bear a telephone number which law enforcement authorities may call twenty-four (24) hours a day to verify the identification cards' validity.

D. Any person who shall present false information or falsify, forge, or alter a document to support a request for a medical cannabis patient identification card or a primary caregiver identification card or make, create, sell, or use a false medical cannabis patient identification card or a primary caregiver identification card shall be guilty of a misdemeanor.

(Ord. 2003-53 § 1 (part))

A. A medical cannabis patient identification card may be granted at any time. A medical cannabis patient identification card shall remain valid for no longer than one year. A person may apply to renew such a medical cannabis patient identification card. Medical cannabis patient identification cards shall not be transferable.

B. A medical cannabis primary caregiver identification card may be granted at any time. A medical cannabis primary caregiver identification card shall remain valid for no longer than one year. A person may apply to renew such a primary caregiver identification card. Primary caregiver identification cards shall not be transferable.

(Ord. 2003-53 § 1 (part))

A. The medical cannabis organization is authorized to charge each applicant for a medical cannabis patient identification card or a primary caregiver identification card a fee sufficient to cover the costs of the medical cannabis patient identification and primary caregiver identification cards program.

B. The medical cannabis organization shall consider the extent of an applicant's ability to pay the whole or partial fee and may provide for fee waiver or reduction in appropriate cases.

No applicant shall be denied an identification card solely on the basis of his inability to pay the fee.

(Ord. 2003-53 § 1 (part))

All documentation on a medical cannabis patient or primary caregiver shall be kept confidential. For purposes of program monitoring and compliance review, the department shall have full access to any and all records held by the medical cannabis organization relative to any and all qualified patients as well as any and all primary caregivers who have applied for, received and/or have been denied identification under the provisions of this chapter. Neither the organization nor the department shall disclose any identifying information from the organization's records without the express, written consent of the qualified patient or primary caregiver or without a court order directing the organization or department to do so.

(Ord. 2003-53 § 1 (part))

An individual may possess the following items when used in accordance with the Compassionate Use Act of 1996 as codified in Health and Safety Code Section 11362.5 or this chapter:

A. Pipes, papers, water pipes, vaporizers, and other related paraphernalia;

B. Cannabis products, such as baked goods, tinctures, concentrated cannabis, infusions, oils, salves, and any other cannabis derivatives.

(Ord. 2003-53 § 1 (part))

The director is authorized to develop and publish rules, regulations, standards, or conditions to implement and enforce this chapter.

(Ord. 2003-53 § 1 (part))

The director is authorized to enforce the provisions of this chapter and rules or regulations adopted hereunder. The director shall publish a written protocol describing the procedures to be followed in conducting regular audits of compliance with this chapter by the organization.

(Ord. 2003-53 § 1 (part))

A. To the fullest extent permitted by law, the county of Alameda shall assume no liability whatsoever, and expressly does not waive sovereign immunity, with respect to the medical cannabis patient and primary caregiver identification card program established herein, or for the activities of any medical cannabis organization.

B. Each medical cannabis organization designated by the county of Alameda's public health department shall comply with the following: (a) indemnify the county of Alameda as specified by risk management; (b) carry insurance in the amounts and of the types that are acceptable to the director of public health; (c) name the county of Alameda as an additional insured; and (d) in accordance with Section 6.110.140, participate in periodic monitoring and evaluation of the operation of the program that will be conducted by the department of public health in a manner prescribed by the department.

(Ord. 2003-53 § 1 (part))

If any part or provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of this chapter, including the application of such part or provision to the other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.

(Ord. 2003-53 § 1 (part))