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-PAGE 1 OF 12-(O-2004-5 REV.) ORDINANCE NUMBER O-19218 (NEW SERIES)ADOPTED ON SEPTEMBER 29, 2003AN ORDINANCE OF THE COUNCIL OF THE CITY OFSAN DIEGO AMENDING THE SAN DIEGO MUNICIPALCODE BY AMENDING CHAPTER 4, ARTICLE 2,DIVISION 13 BY AMENDING SECTIONS 42.1301,42.1302, 42.1303, 42.1304, 42.1305, AND 42.1306; BYRENUMBERING AND AMENDING EXISTING SECTIONS42.1307 AND 42.1308 RESPECTIVELY TO 42.1309 AND42.1310; BY ADDING NEW SECTIONS 42.1307 AND 42.1308;BY DELETING EXISTING SECTION 42.1311; BYRENUMBERING AND AMENDING EXISTING SECTIONS42.1309 AND 42.1310 RESPECTIVELY TO 42.1311 AND42.1312; AND BY ADDING NEW SECTION 42.1313, ALLRELATING TO THE SAN DIEGO MEDICAL CANNABISVOLUNTARY VERIFICATION CARD PROGRAM.BE IT ORDAINED, by the Council of the City of San Diego, as follows:Section 1:That Chapter 4, Article 2, Division 13, of the San Diego Municipal Code isamended by amending Sections 42.1301, 42.1302, 42.1303, 42.1304, 42.1305, and 42.1306, toread as follows:
§42.1301Purpose and Intent
(a)It is the intent of the Council to adopt an ordinance, consistent withCalifornia Health and Safety Code section 11362.5 (Medical Use of Marijuana), that would enact a medical cannabis voluntary verification card[verification card] program to be administered by an external contractingagency.
 
-PAGE 2 OF 12-(b) Nothing in this Division is intended to override an officer’s judgmentand discretion based on a case-by-case evaluation of the totality of thecircumstances, or to interfere with an officer’s sworn duty to enforceapplicable law.(c)Nothing in this section is intended to reduce the rights of a
medical cannabis
 
 patient 
or 
 primary caregiver 
otherwise authorized by Health andSafety Code section 11362.5(d).
§42.1302Definitions
For the purpose of this Division the following definitions shall apply and appear initalicized letters:
Medical Cannabis Patient 
means a California resident having the right to obtainand use marijuana for medical purposes where that medical use is deemedappropriate and has been recommended in writing by a physician practicing withinSan Diego County who has determined that the person’s health would benefit fromthe use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain,spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.
 Primary Caregiver 
means the individual designated by the
medical cannabis patient 
exempted under this Division who has consistently assumed responsibilityfor the housing, health, or safety of the
medical cannabis patient 
. A
 primarycaregiver 
may be a person whose only responsibility for the patient’s health care isthe provision of medical cannabis, provided that the
 primary caregiver 
is the patient’s sole provider of medical cannabis.
 
-PAGE 3 OF 12-
 Processed Marijuana
means harvested marijuana that is in a form other than a live plant.
§42.1303Eligibility For Verification Card Program
California residents 18 or older who meet the criteria of the verification process setforth under this Division are eligible to participate in the verification card program.
§42.1304Content of Verification Cards
(a)Each individual
medical cannabis patient 
verification card will bear thename of the cardholder, a serial number, a picture or photograph of thecardholder, and the date of expiration on the card.(b)The
 primary caregiver 
verification card will bear the name of the
 primarycaregiver 
, serial number, a picture or photograph of the cardholder, andthe date of expiration of the card.(c)Both
medical cannabis patient 
and
 primary caregiver 
verification cardsshall display a message from the City advising that it is illegal to distributemarijuana or to use marijuana for non-medical purposes.(d) Both
medical cannabis patient 
and
 primary caregiver 
verification cardsshall display a message from the City stating that the City is not responsiblefor any loss or injury related to the use of cannabis or participation in theverification card program.(e)Both
medical cannabis patient 
and
 primary
 
caregiver 
verificationcards will bear contact information which law enforcement
[CORRECTED 09/17/03]
authorities may access twenty-four hours a day to verify the card is
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