MEDICAL MARIJUANA
ID CARD PROGRAM

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.

The MMIC identifies the cardholder as a person protected under the provisions of Prop 215 and SB 420. It is used to help law enforcement identify the cardholder as being able to legally possess certain amounts of medical marijuana under specific conditions.

Under Proposition 64, patients who present a valid MMIC card do not have to pay the sales and use tax when making retail purchases of medical cannabis, medical cannabis concentrate, edible medical cannabis products or topical cannabis.

You will need to discuss this with your attending physician. In order to qualify for the protections of Prop 215 and SB 420, you will need to be diagnosed with a serious medical condition. The diagnosis and your physician's recommendation that the use of medical marijuana is appropriate for you must be documented in your medical records.

A serious medical condition, as defined by SB 420, is any of the following: AIDS; anorexia; arthritis; cachexia (wasting syndrome); cancer; chronic pain; glaucoma; migraine; persistent muscle spasms (e.g., spasms associated with multiple sclerosis); seizures (e.g., epileptic seizures); severe nausea; any other chronic or persistent medical symptom that either substantially limits a person's ability to conduct one or more of major life activities as defined in the Americans with Disabilities Act of 1990, or if not alleviated, may cause serious harm to the person's safety, physical, or mental health.

You can obtain a MMIC only at your Local County Public Health Department and not through your physician or an evaluation center.

No. Participation in the MMP is voluntary.

You will need to fill out an Application/Renewal Form. You must reside in the California county where the application is submitted. You will need to provide current documentation with your application as follows:

A copy of your medical recommendation Proof of identity. This can be a valid California Department of Motor Vehicles (DMV) driver's license or identification (ID) card or other valid government-issued photo ID card. Proof of residency, such as: ◦ Rent or mortgage agreement,

◦ Utility bill, or

◦ California DMV motor vehicle registration.

You must apply in person at your county's program. There you will be asked to:

Pay the fee required by your county program. Medi-Cal beneficiaries will receive a 50 percent reduction in the application fee (not to exceed $50), and the fees shall be waived for indigent patients who are eligible for and participate in the County Medical Services Program. Have your photo taken at the county's program office. This photo will appear on your MMIC.

No. To simplify this requirement, the state MMP offers a form to serve this purpose. It is the Written Documentation of Patients Medical Records form. It is simply a form your physician can use to state in writing that you have a serious medical condition and that the use of medical marijuana is appropriate. The original is submitted with your application and a copy must be kept in your medical records at your physician's office.

Fees vary by county. You will need to contact your county's program to find out the fee your county charges for a MMIC application. Each County program may charge an amount not to exceed one hundred dollars ($100) per MMIC application or renewal, not to exceed fifty dollars ($50) per card for Medi-Cal eligible applicants, and the fees shall be waived for participants in the County Medical Services Program.

A primary caregiver is a person who is consistently responsible for the housing, health, or safety of a qualified patient. A primary caregiver must be at least 18 years of age, unless the primary caregiver is an emancipated minor or the parent of a minor child who is a qualified patient. This may be an individual or the owner, operator or employee of an appropriately licensed clinic, facility, hospice, or home health agency. For more information please visit the Responsibilities: Applicant, Primary Caregiver, and Physician

As a primary caregiver you cannot apply for a MMIC. The patient you care for is responsible for applying for your MMIC. Your patient will need to fill out an Application/Renewal Form and check the appropriate box on the top of page one to include primary caregiver. You do not need to reside in the California County where the application is submitted, but you must provide information on your residence. If you are the primary caregiver for more than one qualified patient you must reside in the same county as them. You will need to provide proof of identity which can be a California DMV driver's license or California ID card or other government-issued photo ID card. You must apply in person at the patient's county program. There you will be asked to:

Pay the fee required by your county program. Medi-Cal beneficiaries and their primary caregivers will receive a 50 percent reduction to the application fee (not to exceed $50) and the fees shall be waived for indigent patients who are eligible for and participate in the County Medical Services Program. Have your photo taken at the county office. This photo will appear on your MMIC.

Once you submit your completed application form with the required documents (proof of residency, medical documentation, etc.) to your county's program, the county program has 30 days to verify your application. Once the application is verified, the county program has five days to make the MMIC available to you. It can take up to 35 days to receive your MMIC if the application is complete and the county program finds no reason to deny your application. If any information or documents are missing, this may delay processing your application. If this is the case, your county's program will contact you within 30 days from the day you submit your application. If you do not receive your MMIC in 35 days, contact your county's program.

The MMIC may be valid up to one year. A primary caregiver card will expire when the patient's card expires even if it is less than 12 months.

Renewing a MMIC requires the same process as when you originally applied. This includes verifying your information and giving you a new MMIC and new number. If your medical documentation is still valid, you may use this for your renewal. It may be necessary for you to obtain new medical documentation. Your county's program will verify any information they feel is necessary. You will need to contact their office for more information.

It may be, but contact the state first. California does not recognize other state's MMIC.

Yes. This is a statewide identification card and registry program.

No. The MMP does not maintain lists of physicians nor is it a referral service.

The administering agency must implement and utilize appropriate procedures and protocols to ensure compliance with all applicable confidentiality laws and requirements of the Health Insurance Portability and Accountability Act (HIPAA).

The Medical Marijuana Application System does not contain any personal information such as name, address or social security number. It only contains the unique user ID number and when entered the only information provided is whether the card is valid or invalid.

Yes. A conservator with authority to make medical decisions, surrogate decision maker authorized under an advanced health care directive, an attorney-in-fact under durable power of attorney for healthcare, or any other individual authorized by statutory or decisional law to make medical decisions for the qualified patient may apply for that patient.

You will need to have your photo taken which will appear on the MMIC. Also, certain verifications will need to be completed in person.

Check with your county's program for information.

Only a patient can apply for either type of card, and both the patient and the primary caregiver must provide certain personal information to the county program. You both need to apply in person at the county program office because you will both be photographed for each MMIC.