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:
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 CDPH at the time of purchase.
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 Department of Public Health (CDPH) will continue to print MMICs and maintain a registry database for verification of qualified patients and their primary caregivers.