ASA Statement on MMJ ID Card Program & AG Statement

For Immediate Release: July 19, 2005

Statement from Kris Hermes, Legal Director of Americans for Safe Access
regarding the reinstatement of the California Medical Marijuana ID Card
Program:

“Efforts to protect the rights of medical marijuana patients in California
were vindicated yesterday by the Attorney General Lockyer's legal opinion
that DHS must comply with state law and reinstate the state's ID card
program. Patients and advocates have long been seeking a clarification
from Lockyer on the role and responsibility of public officials in
enforcing state law, and welcome its arrival. With this legal opinion, and
the bulletins issued to all California law enforcement by Lockyer on June
9 & 22, 2005, it should be abundantly clear that public officials,
including law enforcement, have an obligation to uphold state law.

This opinion has also dealt a serious blow to the federal government's war
against medical marijuana patients. California follows a number of other
medical marijuana states in arguing its right to determine the health and
welfare of its people, regardless of any conflict with federal law. This
opinion will help empower other states to adopt their own medical
marijuana laws in defiance of unscientific and unreasonable federal
policies.

Finally, given the Attorney General’s opinion that information obtained by
the ID card program may be subject to federal subpoena, we encourage the
state Medical Marijuana ID Card program to adopt San Francisco’s system of
upholding medical privacy. The SF DPH returns all the forms submitted once
the ID card application has been processed, and does not retain copies of
any paperwork. County health departments should be instructed to keep on
file only the serial number of the card, the date the ID card was issued,
and the date the ID card will expire. If this privacy provision is written
into the program, we would encourage patients and caregivers to avail
themselves of the voluntary ID card, while ensuring they are protected
under the Compassionate Use Act with a valid doctor’s recommendation.”

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To see details on San Francisco’s ID Card program, go to:
http://www.dph.sf.ca.us/Services/MCIDInfo.htm

To see the Attorney General’s letter to the Department of Health Services,
go to: http://www.safeaccessnow.org/downloads/AG_Opinion_DHS.pdf



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Kris Hermes
Legal Campaign Director
Americans for Safe Access
http://www.SafeAccessNow.org
1322 Webster Street, Suite 208
Oakland, CA 94612
Phone: 510-251-1856 x307
Fax: 510-251-2036
Email: kris [at] SafeAccessNow.org