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California | Drug WarAlert: Gov. Schwarz suspends MMJ ID Card program
Gov. Schwarzenegger has made it known that he is suspending the state's medical marijuana ID program pending legal review by the AG. Cal NORML believes this suspension is completely uncalled for. Gov. Schwarzenegger has made it known that he is suspending the
state's medical marijuana ID program pending legal review by the AG. Cal NORML believes this suspension is completely uncalled for. The ID program is intended to guide enforcement of state law, which has in no way been affected by the Supreme Court decision. It is also voluntary, so patients who are concerned about exposing their identities need not do so. Cal NORML urges supporters to call the Governor's office and demand that he stand up for California's medical marijuana law. Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Phone: 916-445-2841 Fax: 916-445-4633 I just received a call form Greg Franklin, a deputy director in the state Department of Health, informing me that this morning Governor Swarznegger will be issuing a press release announcing the suspension of the MMJ ID card program pending a report from the Attorney General's office. The reason for the suspension is that the Gov. wants the AG to address to issues before permanently suspending the program or allowing it to continue. The two issues are: 1. Is the state of California aiding and abetting mmj patients in the commission of a federal crime by issuing the ID cards? 2. Is the state of California putting mmj patients at risk by maintaining lists of patients and caregivers which can be seized by the federal government? I did call and speak with a person named Rukina, who would not give her last name, and she said the Governor was going to stand by federal law and not state law. When I asked to speak with someone who would give their last name and had some more information she refused to connect me. I strongly suggest that at the least we should immediately call the Governor's office and protest. Call him at: Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Phone: 916-445-2841 Fax: 916-445-4633 To send an Electronic Mail please visit: <http://www.govmail.ca.gov>http://www.govmail.ca.gov I think we need to have some kind of united response. I will do what I can. Lanny -- ---- Dale Gieringer (415) 563-5858 // canorml [at] igc.org 2215-R Market St. #278, San Francisco CA 94114
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Comments (Hide Comments)Cal NORML Denounces Suspension of State MMJ ID Program
Friday Jul 8th, 2005 4:19 PM
A letter explaining Gov. Schwarzenegger's decision to suspend the state medical marijuana ID program is posted at the Dept of Health Website: http://www.dhs.ca.gov/hisp/ochs/MMP/Letter/MMP%20All%20County%20Suspension%20Lettext is Full text is posted below. The letter states that the Governor's action was motivated by the Raich decision: >Although California's Compassionate Use Act and SB 420 >were not directly affected by the Court's decision, the ruling raises >questions whether the State can lawfully conduct an identification card >program that facilitates violation of the Controlled Substances Act. Note that the letter does NOT express concerns about patients' privacy, as reported elsewhere. California NORML denounced the decision in the following letter: >Dear Gov. Schwarzenegger: > > We are dismayed by your decision to suspend the state's >voluntary medical marijuana ID card program mandated by Senate Bill >SB420. > > The ID program has already been delayed far too long - over >18 months from when it was supposed to take effect. The result has >been to cause needless confusion, arrests and harassment of >legitimate medical marijuana patients. > > As you should know, the recent Supreme Court decision has no >bearing on the validity of California's state law regarding medical >marijuana. The ID card system is also voluntary, so that patients >who don't want to expose themselves to the risk of divulging their >identity to the state don't have to do so. > > As California's governor, it is your duty to enforce for our >state's laws, not kowtow to federal bureaucrats and prohibitionists >opposed to Californians' right to medical marijuana. Your delay in >implementing SB 420 has been excessive and unjustified.. Cal NORML urges MMJ supporters to voice their concerns to the Governor: Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Phone: 916-445-2841 Fax: 916-445-4633 To send an Electronic Mail please visit: <http://www.govmail.ca.gov>http://www.govmail.ca.gov Letter from Dept of Health Health Information and Strategic Planning, MS 5000, P.O. Box 997413, Sacramento, CA 95899-7413 (916) 440-7350 Internet Address: http://www.dhs.ca.gov July 8, 2005 TO: ALL COUNTY HEALTH DIRECTORS SUBJECT: MEDICAL MARIJUANA PROGRAM This is to notify you that effective immediately the California Department of Health Services (Department) is suspending the implementation of the Medical Marijuana Program and the issuance of identification cards to qualified patients and their primary caregivers. This suspension shall be observed pending further review of the legality of continued compliance with the statutory requirements established by Senate Bill (SB) 420 (Chapter 875, Statutes of 2003) in light of the U.S. Supreme Court decision in Gonzales v. Raich. On June 6, 2005, in Gonzales v. Raich, the U.S. Supreme Court ruled against two California women, Raich and Monson, who sought a ruling that the federal government does not have jurisdiction to enforce the Controlled Substances Act against persons growing marijuana for their personal, medical use. The Court held that Congress' Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana. Although California's Compassionate Use Act and SB 420 were not directly affected by the Court's decision, the ruling raises questions whether the State can lawfully conduct an identification card program that facilitates violation of the Controlled Substances Act. We are requesting that pilot counties, that have begun operations, cease processing their applications through the state system until further notice. Additionally, the Department will postpone processing counties' requests to implement the Medical Marijuana Program locally. Should you have any questions or need additional information, please contact Mr. Gregory A. Franklin, M.H.A., Deputy Director of Health Information and Strategic Planning Division. Sincerely, Sandra Shewry Director ] -- ---- Dale Gieringer (415) 563-5858 // canorml [at] igc.org 2215-R Market St. #278, San Francisco CA 94114 --------------------------------------------------------------------------- Attachment: |