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.