A Road Less Traveled in the Cannabis Industry

As a nonprofit educational organization established in 2006, the MCC has taken a road less traveled in the health care industry. Under the leadership of the late Roger Barnes, MD, the MCC focused on providing information for health care facility licensees and administrators regarding California’s Medical Marijuana Program.

In 2011 the California Department of Social Services (CDSS) approved the MCC to teach Senate Bill 420: California’s Medical Marijuana Program, under the CDSS. Continuing Education Program for the Re-Certification of health care facility Licensees.

The Important Role of Health Care Facility Licensees in the Cannabis Industry

The SB 94 Regulations, for the medicinal and adult use of cannabis, recognize the important role of health care facility Licensees in reaching the “seriously ill” patients for whom California’s Medical Marijuana Program was intended.

Licensees of health care facilities are granted a “Retailer Licensing Exemption” and are specifically named in Section 11362.7 of the Health and Safety Code.

Health care facilities named under the Retailer License Exemption

  • The Retailer Licensing Exemption applies in any case in which a qualified patient receives medical care or supportive services, or both, any of the following:
  • A clinic licensed pursuant to Chapter 1 (commencing with Sec 1200) of
    Division 2,
  • A health care facility licensed pursuant to Chapter 2 (commencing with Sec 1250) of Division 2,
  • A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 (commencing with Sec 1568.01) of Division 2,
  • A residential care facility for the elderly licensed pursuant to Chapter 3.2 (commencing with Sec 1569) of Division 2,
  • A hospice, or a home health agency licensed pursuant to Chapter 8
    (commencing with Sec 1725) of Division 2.

SB 94 COMPLIANCE

All requirements, for compliance with the SB 94 Regulations, apply to the HCF Licensee operating under the Retailer License Exemption; including track and trace program, taxes, reporting requirements and operating procedures.

The MCC teaches an on-line and on-site Course for HCF Licensees regarding the State’s requirements for compliance with the SB 94 Regulations related to the medicinal sale of cannabis..

The Course is offered through the California Department of Social Services
(CDSS) Continuing Education Program for the Re-Certification of HCF Licensees. (CDSS Vendor # 2000307-735-2 Course # 307-0301-31850)

Health Care Facility Licensee versus the “Individual” Primary Caregiver

Health Care Facility Licensees provide health care services to the general public and are not subject to the five (5) patient “limit” that is placed on the
“Individual” Primary Caregiver (e.g. a son caring of an aging parent).

Location Exemption for Health Care Facilities

SB 94 grants to HCF Licensees an “exemption” to the requirement that a
cannabis dispensary shall not be located within a 600-foot radius of a school or youth center.

SB 94 Sec 138 (b) and (d) state that the distance specified in this Section shall not apply to a licensed residential medical or elder care facility.

California Department of Social Services (CDSS) Course on SB 94 Retailer
License Exemption for Health Care Facility Licensees

December 2018 the MCC was approved by the CDSS to teach a Course on the
Senate Bill 94 Regulations and the Retailer License Exemption for HCF
Licensees.

The Course is offered under the CDSS Continuing Education Program for the Re-Certification of HCF Licensees. (CDSS Vendor # 2000307-735-2 Course # 307-0301-31850)

MCC Resources and Support Services for HCF Licensees

CITY APPROVAL

Considering that City approval is required before the State will grant a License under the SB 94 Regulations, it follows that City approval would be required before the State would approve the HCF Licensee to operate under the Retailer License Exemption.

The MCC assists HCF Licensees in obtaining City approval by preparing a formal request for approval that includes:

  • Information regarding the SB 94 Retailer License Exemption for HCF
    Licensees,
  • Licensee’s current State and City HCF Licenses,
  • Information regarding HCF Licensee and services,
  • Formal letter of request for City approval of HCF Licensee to provide
    medicinal cannabis under the Exemption,
  • Assurance of compliance with SB 94 Regulations related to the retail sale of medicinal cannabis products including but not limited to track and trace program, taxes, reporting requirements and operating procedures.

MCC PRACTITIONER TRAINING PROGRAM

The MCC offers a Practitioner Training Program for health care professionals who are interested in learning about the medicinal use of cannabis.

The Program includes:

  • 60 hours of clinical training in providing information and products to
    patients with a physician’s approval for the medicinal use of cannabis,
  • SB 94 Regulations and compliance requirements related to the retail sale of medicinal cannabis products.

Practitioners have a City license to provide health care consultation, as a
Complementary and Integrative Health Practitioner, and are in compliance with the State Disclosure requirements for Practitioner services.

DATA COLLECTION/CLINICAL TRIALS/STUDIES

Licensed residential health care facilities provide the optimum environment to collect patient data regarding the efficacy of cannabis products formulated to treat specific medical conditions, e.g. a topical spray for the treatment of decubitus ulcers.

The MCC is represented on the Advisory Board for the National Institute of
Health (NIH) 5-year longitudinal study on the use of cannabis among young
adults in Los Angeles County.

State Approval and Inclusion in Bureau of Cannabis Control (BCC) Online License Search System

Health Care Facility Licensees, that have obtained written City approval to
provide medicinal cannabis products under the SB 94 Retailer License
Exemption, will then apply to the State for approval and inclusion in the BCC online search system.

State approval enables the HCF Licensee to obtain products from State licensed manufacturers of pharmaceutical grade cannabis products including salves, capsules, sublingual sprays, pain patches and suppositories.

The inclusion of Retailer License Exempt Health Care Facilities in the BCC online search system will enable patients to locate a State licensed “medical facility” that provides medicinal cannabis products for Clients who have a physician’s approval.

HCF Licensees offer the optimum environment to provide services and products for those patients who are using cannabis to treat a medical condition.

With California’s legalization of the adult recreational use of cannabis, the SB 94 Retailer License Exemption for HCF Licensees allows patients to obtain services and products from health care professionals who are licensed to provide medical services.