Section 2. Definitions.
(1) “Therapeutic marijuana dispensary” means a state agency, non-profit corporation, physician, or pharmacy that is licensed by the commission, pursuant to Section 4 (2), to acquire, cultivate, possess, transport, and distribute therapeutic marijuana for the purpose of lawfully supplying patients with an adequate supply of therapeutic marijuana.

Section 3.  Formation of Commission - Governor Appoints - Qualifications – Senate Confirmation.
(1) The California therapeutic marijuana commission, herein after “commission,” is hereby formed and will be composed of seven members.  Each is to be appointed by the governor to serve a term of office of four years, except as provided in subsection (3) of this section. Potential appointees must be residents of California and must meet the following qualifications:
(a) One appointee shall be a person who has benefited from the use of therapeutic marijuana at some time to treat an adverse medical condition.
(b) One appointee shall have had experience acting as a primary caregiver for a seriously ill person.
(c) One appointee shall be a physician licensed to practice in California.
(d) One appointee shall have at least five years’ experience in a field related to public health.
(e) One appointee shall have at least five years’ experience in a field related to law or law enforcement.
(f) One appointee shall have at least five years’ experience in the public advocacy of therapeutic marijuana.
(g) One appointee shall be chosen at large at the discretion of the governor whom he/she believes will best represent the state of California in the implementation of the Compassionate Use Act.

(2) Each appointee shall be confirmed by a majority of the Senate.

(3) The term of office for appointees pursuant to Section 3 (1) (d), (e), and (f) shall be three years for the first set of appointments only.  Thereafter all appointments shall serve a term of four years pursuant to Section 3 (1).

(4) The governor shall make the first set of appointments no later than January 15, 1999.  The Senate shall confirm the commission no later than April 15, 1999.

(5) The commissioners shall serve as volunteers, unless otherwise provided for by law.

Section 4.  Commission Duties and Responsibilities.
(1) (a) The commission is charged with carrying out the directives and guidelines of the Compassionate Use Act of 1996.
(b) The primary agenda of the Compassionate Use Act, and therefore the commission, is to allow compassionate therapeutic marijuana use by patients.

(2) (a) The commission shall determine provisions and issue licenses for operation of therapeutic marijuana dispensaries, as defined in Section 2 of this article.
(b) Provisions shall include, but are not limited to:
(I) qualifications for patients and primary caregivers who may obtain therapeutic marijuana from the dispensary;
(II) requirements for ensuring only qualified patients or their primary caregivers obtain therapeutic marijuana from a dispensary;
(III) qualifications for the granting or denial for licenses;
(IV) duration of licenses;
(V) bases for suspending or revoking licenses;
(VI) bases for appeal of denial, suspension, or revocation of licenses;
(VII) ensuring the safety and welfare of patients and the public is held of paramount importance;
(VIII) ensuring patients can obtain an affordable and adequate supply of therapeutic marijuana;
(IX) ensuring strict confidentiality of any information or medical records supplied by patients is maintained to ensure a patient’s privacy.

(3) The commission shall make recommendations to the state legislature necessary to enact and enforce the provisions of the Compassionate Use Act.  These recommendations shall include, but not be limited to, recommendations for:
(a) determining offenses and penalties for violation of the provisions or intent of the Compassionate Use Act;
(b) determining any restrictions on therapeutic marijuana that may be necessary to protect the public safety, such as authorizing behavior testing for drivers and pilots to determine impairment due to therapeutic marijuana use.

(4) The commission shall promulgate rules to implement and enforce the provisions of the Compassionate Use Act.  These rules shall include, but not be limited to:
(a) provisions for licensing, pursuant to subsection 2 of this section;
(b) requirements for therapeutic marijuana use by minor patients under 18 years of age, including provisions for adequate parental control and notification of therapeutic marijuana use.

(5) The commission may make recommendations to the governor of persons to be considered for pardon or reprieve who were convicted, prior to the enactment of the Compassionate Use Act, of a non-violent offense related to the use of marijuana as a medicine.

(6) The commission shall file an annual report to the governor and state legislature on or before the second Tuesday in January each year.  The first report shall be due in January 2000.
(a) The report shall include recommendations for any statutory changes necessary to implement and enforce the provisions of this article.
(b) The report shall indicate the degree of compliance by federal and state agencies, non-profit corporations, or any other entities dealing with therapeutic marijuana.
(c) The report may include recommendations for research programs designed to gather information or answer questions about therapeutic marijuana use by patients.
(d) The report shall make recommendations to establish adequate funding levels to achieve the goals of this article.

(7) The commission shall promulgate rules that are necessary to implement this article, pursuant to the State Administrative Procedures Act of the state of California.  (??? Need to check your statutes.)

(8) The commission will establish discussions between federal government agencies, state government agencies, and other parties in interest, to establish a cohesive transition where conflict of law may exist.

(9) The commission may in its duties find it necessary to promulgate rules or the state legislature may find it necessary to promulgate statutes, or other forms of law, to further assist the commission's constitutional duties.

(10) The commission is given the power and the duty to promulgate rules, pursuant to responsibilities set out in this article.

(11) The commission shall have the power to issue subpoenas, hold hearings, compel testimony, and hire experts in various disciplines.

(12) The commission shall have the power to require reasonable licensing fees for therapeutic marijuana dispensaries.

(13) At its first meeting, the commission shall establish the guidelines for its meetings, including frequency of meetings, procedures, and other administrative functions.

(14) The commission shall fill vacancies in the commission by a majority vote for the remainder of the vacated term.

(15) The commission is required to establish initial rules and regulations within 180 days after its first meeting to begin the implementation this article.

(16) It is the duty of the commission, and the commission is vested with the authority, to implement the Compassionate Use Act.

Section 5. Attorney General - Chief Enforcement Officer of the State - Requirement to Make Recommendations for Enforcement to Governor and State legislature.
(1) The attorney general is the chief enforcement officer of the state and has the duty to enforce the Compassionate Use Act.

(2) The attorney general shall make timely recommendations to the state legislature and the governor to assist those bodies in the promulgation of statutes or rules and establish enforcement regulations to enact the goals of the Compassionate Use Act.

(3) (a) The attorney general shall establish guidelines for law enforcement officers for establishing probable cause that the provisions of the Compassionate Use Act have been intentionally violated.
(b) The purpose of these guidelines shall be to eliminate as much as possible the prosecution or persecution of patients for lawful therapeutic marijuana use and to enable immunity from prosecution as described in Section 10 (1).

(4) The attorney general shall, upon written notification of the commission, assist the commission with recommendations to promulgate effective rules and regulations to achieve the goals of the Compassionate Use Act.

Section 6.  Governor - Chief Executive Officer - Duty to Execute the Article.
(1) The governor, as the Chief Executive Officer of the state, has the duty to execute and enforce the Compassionate Use Act.

(2) Upon written notification of the commission, the governor shall assist the commission in its constitutional duties to carry out the goals of the Compassionate Use Act.

(3) The governor shall work closely with the commission and its recommendations to implement the Compassionate Use Act.

(4) The governor may grant reprieves or pardons, pursuant to Article ??, Section ? of the state constitution (??? Need to check your statutes/constitution), to persons recommended by the commission, pursuant to Section 4 (5) of this article.

Section 7.  State legislature - Duty to Authorize Funds - Duty to Assist the Commission - Duty to Promulgate Statutes.
(1) The state legislature shall provide from the state treasury adequate funding levels to the commission, sufficient to accomplish the goals of this article.  These expenditures shall not ultimately exceed revenue from licensing of therapeutic marijuana dispensaries, unless otherwise provided for by law.  The commission shall make timely recommendations to the state legislature to establish adequate funding.

(2) Upon written notification of the commission, the state legislature shall render the assistance requested within the laws of the state of California.

(3) The state legislature shall work closely with the commission and its recommendations to enact statutes that would more effectively enforce or otherwise implement the goals of the Compassionate Use Act.

(4) Upon recommendation from the commission, pursuant to Section 4 (3) (b), the state legislature may enact laws that would restrict therapeutic marijuana use in order to protect the public safety.

Section 8.  Other State Government Agencies - Duty to Assist the Commission.
(1) The Compassionate Use Act is the law of the land that all government agents must uphold.

(2) Upon written notification of the commission, any state government agency or agent shall render the requested assistance within the laws of the state of California.

Section 9. Executive Officers – Duty to Resign – Subject to Impeachment.
(1) It is the duty of all state executive officers to implement the Compassionate Use Act, notwithstanding their personal beliefs, and shall carry out their duties as herein provided or as may otherwise be provided for by law.

(2) Should a state executive officer be unable to separate his or her personal beliefs from the implementation of the law, it is that officer’s duty to resign their office.

(3) Failure of a state executive officer to perform their ministerial duties shall subject such officer to impeachment for malfeasance in office.

Section 10.  Immunity from Prosecution -- Affirmative Defense.
(1) Any person who had a reasonable belief that his or her actions conformed to the provisions of the Compassionate Use Act shall be immune from prosecution for offenses relating to the Compassionate Use Act.

(2) Any person charged with a violation of state law related to marijuana may raise an affirmative defense to such charge that their actions conform to the intent or provisions of the Compassionate Use Act.

(3) In all trials in which an affirmative defense is raised, notwithstanding the possible penalty for the offense, the defendant shall be entitled to a trial by jury.