Calif. resumes ID Card program

Sacramento -- California Health Director Sandra Shewry announced Monday
that the state has resumed its Medical Marijuana ID Card program.

After receiving legal advice from the California attorney general that
operating the pilot program would not aid and abet marijuana users in
committing a federal crime, Shewry directed staff of the California
Department of Health Services (CDHS) to resume operations that were
suspended on July 8.

"The state attorney general has reviewed this concern and said that
California can issue ID cards to medical marijuana users without state
employees facing prosecution for assisting in the commission of a federal
crime," Shewry said. "Today (Monday) the state resumed operating the
Medical Marijuana ID Card program."

But the attorney general also said that information received from
applicants for medical marijuana ID cards may be obtained by federal
officials to identify them for prosecution.

In response, CDHS will be modifying the ID card application to inform
applicants that possession of marijuana remains a federal crime and
information provided by them could be used for federal prosecution, Shewry
said.

Shewry added that CDHS will ask the three counties that have issued state
ID cards to notify all card-holders of their risk for federal prosecution.

The Medical Marijuana Identification Card Program was designed to provide
patients an ID card that could be used as evidence that they had received
a recommendation from their physician to use marijuana for medicinal
purposes.

The card can assist law enforcement officials in determining whether an
individual using marijuana meets the requirements of the Compassionate Use
Act, which says that with the recommendation of a physician, a patient may
obtain and use marijuana for personal medical purposes.

On June 6, the U.S. Supreme Court ruled against two California women who
sought a decision that the federal government does not have jurisdiction
to enforce federal law against individuals growing marijuana for their
personal medical use. The court, however, determined that Congress does
have the authority to prohibit local cultivation and use of marijuana.

Although the court's decision did not directly affect California's
Compassionate Use Act, approved by voters in 1996, and state law, the
decision raised questions about whether the state can legally conduct a
program that assists in the violation of federal law. In an effort to
clarify the issue, CDHS sought legal advice from the attorney general.

CDHS began pilot testing an identification card and registry system in
three counties -- Amador, Del Norte and Mendocino -- in May. To date, 123
cards have been issued. With the resumption of the program, the pilot
testing is scheduled to be completed at the end of this month and the
program expanded statewide beginning Aug. 1.

Source: Times-Standard (CA)
Published: Tuesday, July 19, 2005
Copyright: 2005 MediaNews Group, Inc.
Contact: editor [at] times-standard.com
Website: http://www.times-standard.com/