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11357. (a) Except as authorized by law, every person who possessesany concentrated cannabis shall be punished by imprisonment in thecounty jail for a period of not more than one year or by a fine ofnot more than five hundred dollars ($500), or by both such fine andimprisonment, or shall be punished by imprisonment in the stateprison. (b) Except as authorized by law, every person who possesses notmore than 28.5 grams of marijuana, other than concentrated cannabis,is guilty of a misdemeanor and shall be punished by a fine of notmore than one hundred dollars ($100). Notwithstanding otherprovisions of law, if such person has been previously convicted threeor more times of an offense described in this subdivision during thetwo-year period immediately preceding the date of commission of theviolation to be charged, the previous convictions shall also becharged in the accusatory pleading and, if found to be true by thejury upon a jury trial or by the court upon a court trial or ifadmitted by the person, the provisions of Sections 1000.1 and 1000.2of the Penal Code shall be applicable to him, and the court shalldivert and refer him for education, treatment, or rehabilitation,without a court hearing or determination or the concurrence of thedistrict attorney, to an appropriate community program which willaccept him. If the person is so diverted and referred he shall notbe subject to the fine specified in this subdivision. If nocommunity program will accept him, the person shall be subject to thefine specified in this subdivision. In any case in which a personis arrested for a violation of this subdivision and does not demandto be taken before a magistrate, such person shall be released by thearresting officer upon presentation of satisfactory evidence ofidentity and giving his written promise to appear in court, asprovided in Section 853.6 of the Penal Code, and shall not besubjected to booking. (c) Except as authorized by law, every person who possesses morethan 28.5 grams of marijuana, other than concentrated cannabis, shallbe punished by imprisonment in the county jail for a period of notmore than six months or by a fine of not more than five hundreddollars ($500), or by both such fine and imprisonment. (d) Except as authorized by law, every person 18 years of age orover who possesses not more than 28.5 grams of marijuana, other thanconcentrated cannabis, upon the grounds of, or within, any schoolproviding instruction in kindergarten or any of grades 1 through 12during hours the school is open for classes or school-relatedprograms is guilty of a misdemeanor and shall be punished by a fineof not more than five hundred dollars ($500), or by imprisonment inthe county jail for a period of not more than 10 days, or both. (e) Except as authorized by law, every person under the age of 18who possesses not more than 28.5 grams of marijuana, other thanconcentrated cannabis, upon the grounds of, or within, any schoolproviding instruction in kindergarten or any of grades 1 through 12during hours the school is open for classes or school-relatedprograms is guilty of a misdemeanor and shall be subject to thefollowing dispositions: (1) A fine of not more than two hundred fifty dollars ($250), upona finding that a first offense has been committed. (2) A fine of not more than five hundred dollars ($500), orcommitment to a juvenile hall, ranch, camp, forestry camp, or securejuvenile home for a period of not more than 10 days, or both, upon afinding that a second or subsequent offense has been committed.11358. Every person who plants, cultivates, harvests, dries, orprocesses any marijuana or any part thereof, except as otherwiseprovided by law, shall be punished by imprisonment in the stateprison.11359. Every person who possesses for sale any marijuana, except asotherwise provided by law, shall be punished by imprisonment in thestate prison.11360. (a) Except as otherwise provided by this section or asauthorized by law, every person who transports, imports into thisstate, sells, furnishes, administers, or gives away, or offers totransport, import into this state, sell, furnish, administer, or giveaway, or attempts to import into this state or transport anymarijuana shall be punished by imprisonment in the state prison for aperiod of two, three or four years. (b) Except as authorized by law, every person who gives away,offers to give away, transports, offers to transport, or attempts totransport not more than 28.5 grams of marijuana, other thanconcentrated cannabis, is guilty of a misdemeanor and shall bepunished by a fine of not more than one hundred dollars ($100). Inany case in which a person is arrested for a violation of thissubdivision and does not demand to be taken before a magistrate, suchperson shall be released by the arresting officer upon presentationof satisfactory evidence of identity and giving his written promiseto appear in court, as provided in Section 853.6 of the Penal Code,and shall not be subjected to booking.11361. (a) Every person 18 years of age or over who hires, employs,or uses a minor in unlawfully transporting, carrying, selling,giving away, preparing for sale, or peddling any marijuana, whounlawfully sells, or offers to sell, any marijuana to a minor, or whofurnishes, administers, or gives, or offers to furnish, administer,or give any marijuana to a minor under 14 years of age, or whoinduces a minor to use marijuana in violation of law shall bepunished by imprisonment in the state prison for a period of three,five, or seven years. (b) Every person 18 years of age or over who furnishes,administers, or gives, or offers to furnish, administer, or give, anymarijuana to a minor 14 years of age or older shall be punished byimprisonment in the state prison for a period of three, four, or fiveyears.11361.5. (a) Records of any court of this state, any public orprivate agency that provides services upon referral under Section1000.2 of the Penal Code, or of any state agency pertaining to thearrest or conviction of any person for a violation of subdivision(b), (c), (d), or (e) of Section 11357 or subdivision (b) of Section11360, shall not be kept beyond two years from the date of theconviction, or from the date of the arrest if there was noconviction, except with respect to a violation of subdivision (e) ofSection 11357 the records shall be retained until the offenderattains the age of 18 years at which time the records shall bedestroyed as provided in this section. Any court or agency havingcustody of the records shall provide for the timely destruction ofthe records in accordance with subdivision (c). The requirements ofthis subdivision do not apply to records of any conviction occurringprior to January 1, 1976, or records of any arrest not followed by aconviction occurring prior to that date. (b) This subdivision applies only to records of convictions andarrests not followed by conviction occurring prior to January 1,1976, for any of the following offenses: (1) Any violation of Section 11357 or a statutory predecessorthereof. (2) Unlawful possession of a device, contrivance, instrument, orparaphernalia used for unlawfully smoking marijuana, in violation ofSection 11364, as it existed prior to January 1, 1976, or a statutorypredecessor thereof. (3) Unlawful visitation or presence in a room or place in whichmarijuana is being unlawfully smoked or used, in violation of Section11365, as it existed prior to January 1, 1976, or a statutorypredecessor thereof. (4) Unlawfully using or being under the influence of marijuana, inviolation of Section 11550, as it existed prior to January 1, 1976,or a statutory predecessor thereof. Any person subject to an arrest or conviction for those offensesmay apply to the Department of Justice for destruction of recordspertaining to the arrest or conviction if two or more years haveelapsed since the date of the conviction, or since the date of thearrest if not followed by a conviction. The application shall besubmitted upon a form supplied by the Department of Justice and shallbe accompanied by a fee, which shall be established by thedepartment in an amount which will defray the cost of administeringthis subdivision and costs incurred by the state under subdivision(c), but which shall not exceed thirty-seven dollars and fifty cents($37.50). The application form may be made available at every localpolice or sheriff's department and from the Department of Justice andmay require that information which the department determines isnecessary for purposes of identification. The department may request, but not require, the applicant toinclude a self-administered fingerprint upon the application. If thedepartment is unable to sufficiently identify the applicant forpurposes of this subdivision without the fingerprint or withoutadditional fingerprints, it shall so notify the applicant and shallrequest the applicant to submit any fingerprints which may berequired to effect identification, including a complete set ifnecessary, or, alternatively, to abandon the application and requesta refund of all or a portion of the fee submitted with theapplication, as provided in this section. If the applicant fails orrefuses to submit fingerprints in accordance with the department'srequest within a reasonable time which shall be established by thedepartment, or if the applicant requests a refund of the fee, thedepartment shall promptly mail a refund to the applicant at theaddress specified in the application or at any other address whichmay be specified by the applicant. However, if the department hasnotified the applicant that election to abandon the application willresult in forfeiture of a specified amount which is a portion of thefee, the department may retain a portion of the fee which thedepartment determines will defray the actual costs of processing theapplication, provided the amount of the portion retained shall notexceed ten dollars ($10). Upon receipt of a sufficient application, the Department ofJustice shall destroy records of the department, if any, pertainingto the arrest or conviction in the manner prescribed by subdivision(c) and shall notify the Federal Bureau of Investigation, the lawenforcement agency which arrested the applicant, and, if theapplicant was convicted, the probation department which investigatedthe applicant and the Department of Motor Vehicles, of theapplication. (c) Destruction of records of arrest or conviction pursuant tosubdivision (a) or (b) shall be accomplished by permanentobliteration of all entries or notations upon the records pertainingto the arrest or conviction, and the record shall be prepared againso that it appears that the arrest or conviction never occurred.However, where (1) the only entries upon the record pertain to thearrest or conviction and (2) the record can be destroyed withoutnecessarily effecting the destruction of other records, then thedocument constituting the record shall be physically destroyed. (d) Notwithstanding subdivision (a) or (b), written transcriptionsof oral testimony in court proceedings and published judicialappellate reports are not subject to this section. Additionally, norecords shall be destroyed pursuant to subdivision (a) if thedefendant or a codefendant has filed a civil action against the peaceofficers or law enforcement jurisdiction which made the arrest orinstituted the prosecution and if the agency which is the custodianof those records has received a certified copy of the complaint inthe civil action, until the civil action has finally been resolved.Immediately following the final resolution of the civil action,records subject to subdivision (a) shall be destroyed pursuant tosubdivision (c) if more than two years have elapsed from the date ofthe conviction or arrest without conviction.11361.7. (a) Any record subject to destruction or permanentobliteration pursuant to Section 11361.5, or more than two years ofage, or a record of a conviction for an offense specified insubdivision (a) or (b) of Section 11361.5 which became final morethan two years previously, shall not be considered to be accurate,relevant, timely, or complete for any purposes by any agency orperson. The provisions of this subdivision shall be applicable forpurposes of the Privacy Act of 1974 (5 U.S.C. Section 552a) to thefullest extent permissible by law, whenever any information or recordsubject to destruction or permanent obliteration under Section11361.5 was obtained by any state agency, local public agency, or anypublic or private agency that provides services upon referral underSection 1000.2 of the Penal Code, and is thereafter shared with ordisseminated to any agency of the federal government. (b) No public agency shall alter, amend, assess, condition, deny,limit, postpone, qualify, revoke, surcharge, or suspend anycertificate, franchise, incident, interest, license, opportunity,permit, privilege, right, or title of any person because of an arrestor conviction for an offense specified in subdivision (a) or (b) ofSection 11361.5, or because of the facts or events leading to such anarrest or conviction, on or after the date the records of sucharrest or conviction are required to be destroyed by subdivision (a)of Section 11361.5, or two years from the date of such conviction orarrest without conviction with respect to arrests and convictionsoccurring prior to January 1, 1976. As used in this subdivision,"public agency" includes, but is not limited to, any state, county,city and county, city, public or constitutional corporation orentity, district, local or regional political subdivision, or anydepartment, division, bureau, office, board, commission or otheragency thereof. (c) Any person arrested or convicted for an offense specified insubdivision (a) or (b) of Section 11361.5 may, two years from thedate of such a conviction, or from the date of the arrest if therewas no conviction, indicate in response to any question concerninghis prior criminal record that he was not arrested or convicted forsuch offense. (d) The provisions of this section shall be applicable withoutregard to whether destruction or obliteration of records has actuallybeen implemented pursuant to Section 11361.5.11362. As used in this article "felony offense," and offense"punishable as a felony" refer to an offense for which the lawprescribes imprisonment in the state prison as either an alternativeor the sole penalty, regardless of the sentence the particulardefendant received.11362.5. (a) This section shall be known and may be cited as theCompassionate Use Act of 1996. (b) (1) The people of the State of California hereby find anddeclare that the purposes of the Compassionate Use Act of 1996 are asfollows: (A) To ensure that seriously ill Californians have the right toobtain and use marijuana for medical purposes where that medical useis deemed appropriate and has been recommended by a physician who hasdetermined that the person's health would benefit from the use ofmarijuana in the treatment of cancer, anorexia, AIDS, chronic pain,spasticity, glaucoma, arthritis, migraine, or any other illness forwhich marijuana provides relief. (B) To ensure that patients and their primary caregivers whoobtain and use marijuana for medical purposes upon the recommendationof a physician are not subject to criminal prosecution or sanction. (C) To encourage the federal and state governments to implement aplan to provide for the safe and affordable distribution of marijuanato all patients in medical need of marijuana. (2) Nothing in this section shall be construed to supersedelegislation prohibiting persons from engaging in conduct thatendangers others, nor to condone the diversion of marijuana fornonmedical purposes. (c) Notwithstanding any other provision of law, no physician inthis state shall be punished, or denied any right or privilege, forhaving recommended marijuana to a patient for medical purposes. (d) Section 11357, relating to the possession of marijuana, andSection 11358, relating to the cultivation of marijuana, shall notapply to a patient, or to a patient's primary caregiver, whopossesses or cultivates marijuana for the personal medical purposesof the patient upon the written or oral recommendation or approval ofa physician. (e) For the purposes of this section, "primary caregiver" meansthe individual designated by the person exempted under this sectionwho has consistently assumed responsibility for the housing, health,or safety of that person.11362.9. (a) (1) It is the intent of the Legislature that the statecommission objective scientific research by the premier researchinstitute of the world, the University of California, regarding theefficacy and safety of administering marijuana as part of medicaltreatment. If the Regents of the University of California, byappropriate resolution, accept this responsibility, the University ofCalifornia shall create a program, to be known as the CaliforniaMarijuana Research Program. (2) The program shall develop and conduct studies intended toascertain the general medical safety and efficacy of marijuana and,if found valuable, shall develop medical guidelines for theappropriate administration and use of marijuana. (b) The program may immediately solicit proposals for researchprojects to be included in the marijuana studies. Programrequirements to be used when evaluating responses to its solicitationfor proposals, shall include, but not be limited to, all of thefollowing: (1) Proposals shall demonstrate the use of key personnel,including clinicians or scientists and support personnel, who areprepared to develop a program of research regarding marijuana'sgeneral medical efficacy and safety. (2) Proposals shall contain procedures for outreach to patientswith various medical conditions who may be suitable participants inresearch on marijuana. (3) Proposals shall contain provisions for a patient registry. (4) Proposals shall contain provisions for an information systemthat is designed to record information about possible studyparticipants, investigators, and clinicians, and deposit and analyzedata that accrues as part of clinical trials. (5) Proposals shall contain protocols suitable for research onmarijuana, addressing patients diagnosed with the acquiredimmunodeficiency syndrome (AIDS) or the human immunodeficiency virus(HIV), cancer, glaucoma, or seizures or muscle spasms associated witha chronic, debilitating condition. The proposal may also includeresearch on other serious illnesses, provided that resources areavailable and medical information justifies the research. (6) Proposals shall demonstrate the use of a specimen laboratorycapable of housing plasma, urine, and other specimens necessary tostudy the concentration of cannabinoids in various tissues, as wellas housing specimens for studies of toxic effects of marijuana. (7) Proposals shall demonstrate the use of a laboratory capable ofanalyzing marijuana, provided to the program under this section, forpurity and cannabinoid content and the capacity to detectcontaminants. (c) In order to ensure objectivity in evaluating proposals, theprogram shall use a peer review process that is modeled on theprocess used by the National Institutes of Health, and that guardsagainst funding research that is biased in favor of or againstparticular outcomes. Peer reviewers shall be selected for theirexpertise in the scientific substance and methods of the proposedresearch, and their lack of bias or conflict of interest regardingthe applicants or the topic of an approach taken in the proposedresearch. Peer reviewers shall judge research proposals on severalcriteria, foremost among which shall be both of the following: (1) The scientific merit of the research plan, including whetherthe research design and experimental procedures are potentiallybiased for or against a particular outcome. (2) Researchers' expertise in the scientific substance and methodsof the proposed research, and their lack of bias or conflict ofinterest regarding the topic of, and the approach taken in, theproposed research. (d) If the program is administered by the Regents of theUniversity of California, any grant research proposals approved bythe program shall also require review and approval by the researchadvisory panel. (e) It is the intent of the Legislature that the program beestablished as follows: (1) The program shall be located at one or more University ofCalifornia campuses that have a core of faculty experienced inorganizing multidisciplinary scientific endeavors and, in particular,strong experience in clinical trials involving psychopharmacologicagents. The campuses at which research under the auspices of theprogram is to take place shall accommodate the administrativeoffices, including the director of the program, as well as a datamanagement unit, and facilities for storage of specimens. (2) When awarding grants under this section, the program shallutilize principles and parameters of the other well-tested statewideresearch programs administered by the University of California,modeled after programs administered by the National Institutes ofHealth, including peer review evaluation of the scientific merit ofapplications. (3) The scientific and clinical operations of the program shalloccur, partly at University of California campuses, and partly atother postsecondary institutions, that have clinicians or scientistswith expertise to conduct the required studies. Criteria forselection of research locations shall include the elements listed insubdivision (b) and, additionally, shall give particular weight tothe organizational plan, leadership qualities of the programdirector, and plans to involve investigators and patient populationsfrom multiple sites. (4) The funds received by the program shall be allocated tovarious research studies in accordance with a scientific plandeveloped by the Scientific Advisory Council. As the first wave ofstudies is completed, it is anticipated that the program will receiverequests for funding of additional studies. These requests shall bereviewed by the Scientific Advisory Council. (5) The size, scope, and number of studies funded shall becommensurate with the amount of appropriated and available programfunding. (f) All personnel involved in implementing approved proposalsshall be authorized as required by Section 11604. (g) Studies conducted pursuant to this section shall include thegreatest amount of new scientific research possible on the medicaluses of, and medical hazards associated with, marijuana. The programshall consult with the Research Advisory Panel analogous agencies inother states, and appropriate federal agencies in an attempt toavoid duplicative research and the wasting of research dollars. (h) The program shall make every effort to recruit qualifiedpatients and qualified physicians from throughout the state. (i) The marijuana studies shall employ state-of-the-art researchmethodologies. (j) The program shall ensure that all marijuana used in thestudies is of the appropriate medical quality and shall be obtainedfrom the National Institute on Drug Abuse or any other federal agencydesignated to supply marijuana for authorized research. If thesefederal agencies fail to provide a supply of adequate quality andquantity within six months of the effective date of this section, theAttorney General shall provide an adequate supply pursuant toSection 11478. (k) The program may review, approve, or incorporate studies andresearch by independent groups presenting scientifically validprotocols for medical research, regardless of whether the areas ofstudy are being researched by the committee. (l) (1) To enhance understanding of the efficacy and adverseeffects of marijuana as a pharmacological agent, the program shallconduct focused controlled clinical trials on the usefulness ofmarijuana in patients diagnosed with AIDS or HIV, cancer, glaucoma,or seizures or muscle spasms associated with a chronic, debilitatingcondition. The program may add research on other serious illnesses,provided that resources are available and medical informationjustifies the research. The studies shall focus on comparisons ofboth the efficacy and safety of methods of administering the drug topatients, including inhalational, tinctural, and oral, evaluatepossible uses of marijuana as a primary or adjunctive treatment, anddevelop further information on optimal dosage, timing, mode ofadministration, and variations in the effects of differentcannabinoids and varieties of marijuana. (2) The program shall examine the safety of marijuana in patientswith various medical disorders, including marijuana's interactionwith other drugs, relative safety of inhalation versus oral forms,and the effects on mental function in medically ill persons. (3) The program shall be limited to providing for objectivescientific research to ascertain the efficacy and safety of marijuanaas part of medical treatment, and should not be construed asencouraging or sanctioning the social or recreational use ofmarijuana. (m) (1) Subject to paragraph (2), the program shall, prior to anyapproving proposals, seek to obtain research protocol guidelines fromthe National Institutes of Health and shall, if the NationalInstitutes of Health issues research protocol guidelines, comply withthose guidelines. (2) If, after a reasonable period of time of not less than sixmonths and not more than a year has elapsed from the date the programseeks to obtain guidelines pursuant to paragraph (1), no guidelineshave been approved, the program may proceed using the researchprotocol guidelines it develops. (n) In order to maximize the scope and size of the marijuanastudies, the program may do any of the following: (1) Solicit, apply for, and accept funds from foundations, privateindividuals, and all other funding sources that can be used toexpand the scope or timeframe of the marijuana studies that areauthorized under this section. The program shall not expend morethan 5 percent of its General Fund allocation in efforts to obtainmoney from outside sources. (2) Include within the scope of the marijuana studies othermarijuana research projects that are independently funded and thatmeet the requirements set forth in subdivisions (a) to (c),inclusive. In no case shall the program accept any funds that areoffered with any conditions other than that the funds be used tostudy the efficacy and safety of marijuana as part of medicaltreatment. Any donor shall be advised that funds given for purposesof this section will be used to study both the possible benefits anddetriments of marijuana and that he or she will have no control overthe use of these funds. (o) (1) Within six months of the effective date of this section,the program shall report to the Legislature, the Governor, and theAttorney General on the progress of the marijuana studies. (2) Thereafter, the program shall issue a report to theLegislature every six months detailing the progress of the studies.The interim reports required under this paragraph shall include, butnot be limited to, data on all of the following: (A) The names and number of diseases or conditions under study. (B) The number of patients enrolled in each study by disease. (C) Any scientifically valid preliminary findings. (p) If the Regents of the University of California implement thissection, the President of the University of California shall appointa multidisciplinary Scientific Advisory Council, not to exceed 15members, to provide policy guidance in the creation andimplementation of the program. Members shall be chosen on the basisof scientific expertise. Members of the council shall serve on avoluntary basis, with reimbursement for expenses incurred in thecourse of their participation. The members shall be reimbursed fortravel and other necessary expenses incurred in their performance ofthe duties of the council. (q) No more than 10 percent of the total funds appropriated may beused for all aspects of the administration of this section. (r) This section shall be implemented only to the extent thatfunding for its purposes is appropriated by the Legislature in theannual Budget Act.
