SB 627

Bill Subjects

Abstract

The California Uniform Controlled Substances Act classifies controlled substances into 5 designated schedules, and places cannabis and cannabis products under Schedule I. The act prohibits prescribing, administering, dispensing, or furnishing a controlled substance to or for any person or animal, unless otherwise specified. This bill would create an exception to the above-described prohibition for medicinal use of cannabis on an animal pursuant to the provisions of the bill described below. Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by the approval of Proposition 215 at the November 6, 1996, statewide general election, authorizes the use of cannabis for medical purposes and provides certain protections to a physician and surgeon who recommends the use of medical cannabis to a patient. The Control, Regulate and Tax Adult Use of Marijuana Act of 2016 (AUMA) , an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, authorizes a person who obtains a state license under AUMA to engage in commercial adult-use cannabis activity pursuant to that license and applicable local ordinances. The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) , among other things, provides for the licensure and regulation of commercial medicinal and adult-use cannabis activities and states that the purpose and intent of MAUCRSA is to establish a comprehensive system to control and regulate the cultivation, distribution, transport, storage, manufacturing, processing, and sale of both medicinal cannabis and medicinal cannabis products for patients with a valid physician recommendation and adult-use cannabis and adult-use cannabis products for adults 21 years of age and over. MAUCRSA defines various terms for these purposes, including "medicinal cannabis," "medicinal cannabis products," "physician's recommendation," and "primary caregiver." MAUCRSA authorizes a licensed medicinal cannabis retailer to sell or transfer cannabis, cannabis products, and cannabis accessories to a person 18 years of age or older who possesses a valid government-issued identification card and either a specified valid county-issued identification card or a valid physician's recommendation for themselves or for a person for whom they are a primary caregiver. MAUCRSA provides that information contained in a physician's recommendation and received by a licensee is deemed medical information for purposes of the Confidentiality of Medical Information Act and prohibits a licensee from that information, except as specified. The Veterinary Medicine Practice Act provides for the licensure and regulation of veterinarians and the practice of veterinary medicine by the Veterinary Medical Board, which is within the Department of Consumer Affairs. The act authorizes the board to revoke or suspend the license of a person to practice veterinary medicine, or to assess a fine, for specified causes, including discussing medicinal cannabis with a client while the veterinarian is employed by, or has an agreement with, a MAUCRSA licensee and distributing advertising for cannabis in California. The act prohibits the board from disciplining a licensed veterinarian solely for discussing the use of cannabis on an animal for medicinal purposes, absent negligence or incompetence. The act requires the board, on or before January 1, 2020, to adopt guidelines for veterinarians to follow when discussing cannabis within the veterinarian-client-patient relationship. The act prohibits a licensed veterinarian from dispensing or administering cannabis or cannabis products to an animal patient. The act makes a violation of its provisions a crime. This bill would authorize a veterinarian to discuss the use of medicinal cannabis or medicinal cannabis products on an animal patient. The bill would require the board, on or before January 1, 2022, to adopt guidelines for veterinarians to follow when recommending cannabis within the veterinarian-client-patient relationship. The bill, on and after the date that the board adopts the guidelines described in the previous sentence, would authorize a veterinarian to recommend medicinal cannabis or medicinal cannabis products on an animal patient for any condition for which cannabis or cannabis products provide relief, subject to specified requirements, including that the recommendation include, at a minimum, the condition for which the recommendation is issued, the name of the client, as defined, and the name of the animal patient. The bill would prohibit a veterinarian from recommending medicinal cannabis or medicinal cannabis products on an animal patient without an appropriate examination and a medical indication. The bill also would prohibit a veterinarian from recommending medicinal cannabis or medicinal cannabis products on an animal patient while the veterinarian is employed by, or has an agreement with, a person or entity dispensing medicinal cannabis or medicinal cannabis products. The bill would prohibit the board from disciplining or denying, revoking, or suspending the license of a veterinarian solely for recommending the use of cannabis on an animal patient, and would provide that a veterinarian who makes a recommendation pursuant to these provisions is entitled to the same protections as a physician and surgeon under the Compassionate Use Act of 1996. The bill would prohibit a veterinarian from advertising that the veterinarian offers recommendations for medicinal cannabis. Because a violation of that prohibition would be a crime, the bill would impose a state-mandated local program. This bill would expand the purpose and intent of MAUCRSA to control and regulate those above-mentioned activities for medicinal cannabis for animal patients with a valid veterinarian's recommendation, as defined, and for medicinal and adult-use cannabis for medicinal use on an animal by adults 21 years of age and over, and would make conforming changes, including revising the definition of "cannabis products" to include cannabis products intended for medicinal use on an animal, and revising the definitions of "medicinal cannabis" and "medicinal cannabis product" to include cannabis and a cannabis product, respectively, intended to be sold for use on an animal patient pursuant to a veterinarian's recommendation, or intended to be sold for medicinal use on an animal by adults who are 21 years of age and older for purposes of MAUCRSA. The bill would authorize a person to purchase cannabis or cannabis products for use on an animal patient that the person owns if the person is 21 years of age or older. The bill would require cannabis or cannabis products for use on an animal patient to have cannabis as the primary active ingredient. The bill would authorize a licensed medicinal cannabis retailer to sell or transfer cannabis, cannabis products, and cannabis accessories to a person 21 years of age or older for medicinal use on an animal that the person owns. The bill would require that information contained in a veterinarian's recommendation remain a confidential part of an animal patient's record, as specified. The bill would make related findings and declarations. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. AUMA authorizes legislative amendment of its provisions with a 23 vote of both houses, without submission to the voters, to further its purposes and intent. This bill would declare that its provisions further the purposes and intent of AUMA.