Pubdate: Thu, 21 Dec 2000
Source: Ukiah Daily Journal (CA)
Copyright: 2000, Ukiah Daily Journal
Contact:  590 S. School St. Ukiah, CA 95482
Fax: (707) 468-5780
Website: http://www.ukiahdailyjournal.com/
Author: David Anderson, The Times-Standard

HUMBOLDT COUNTY TO ISSUE MARIJUANA ID CARDS

County supervisors on Monday tabled a proposed medical marijuana ordinance, 
then approved a set of rules and procedures that accomplish many of the 
same ends.

The county will now issue photo identification cards to persons medically 
authorized to use marijuana to ease certain painful conditions, including 
glaucoma, arthritis, AIDS symptoms and several forms of cancer. The rules 
are based on those adopted earlier by Mendocino County and by the City of 
Arcata.

The county has been under pressure to adopt a medical marijuana ordinance 
since state voters passed Proposition 215 in 1996. Legal issues arising 
from Prop 215 are still being fought out in federal courts.

In 1999 the county appointed an advisory committee to draft a medical 
marijuana ordinance. The committee included law officers and potential 
users or providers of medical marijuana, who have not invariably seen 
eye-to-eye. The newly adopted rules and the tabled ordinance reflect as 
much agreement as could be obtained on the issue.

Under the new procedures, approved the advisory Proposition 215 Committee, 
the County Department of Health and Human Services will issue medical 
marijuana patient identification cards to eligible persons. Police officers 
will honor the cards, but will still use their own judgment as to whether 
the amount of marijuana in the person's possession is reasonable, and will 
confiscate any they consider excessive.

Sheriff Dennis Lewis said he will set departmental guidelines, which his 
officers will be expected to observe.

The photo identification cards will be issued to county residents only, on 
the written recommendation of a licensed California physician. The Public 
Health Department will verify the physician's license and recommendation, 
after which documents revealing the physician's identity will be destroyed.

County Health Officer Ann Lindsay said this confidentiality is necessary, 
because some physicians fear legal liability, or have other reasons for not 
wishing their recommendation of marijuana as a medical treatment to become 
public.

The patient identification card will expire when the physician says it 
should, but if the recommendation is for more than one year, the card must 
be renewed annually. An application fee will be charged the patient to 
cover the county's cost in verifying the information, issuing the photo ID 
card and maintaining records.

The Public Health Services Division will keep records of each patient's 
name, address, date of birth, card number and date of expiration, which 
will be provided during office hours to any law officer who requests it to 
verify a card.

At the patient's written request, Public Health will also give this 
information to the Humboldt County Sheriff's Office to keep in its own 
files, so officers can verify the card's validity 24 hours a day.

Lindsay or her successors will report to supervisors quarterly on the 
progress of this pilot program, and on any problems that arise.

While approving the new rules unanimously, the board tabled the proposed 
ordinance by a 3-1 vote, Supervisor Roger Rodoni dissenting. County Counsel 
Tamara Falor recommended that it not be adopted until the U.S. Supreme 
Court has ruled on whether California's medical marijuana law can coexist 
with federal law.

The court is not ruling directly on Prop 215, but on an injunction sought 
by the U.S. Department of Justice against six distributors of medical 
marijuana. A ruling is expected in June.

The proposed ordinance had contained changes Falor recommended from an 
original draft submitted on Aug. 16. It defines in some detail who may 
receive a medical marijuana dispensation, who is authorized to grow and 
provide marijuana for such a person, and how the drug may be transported 
and distributed.

But the ordinance does not specify how much marijuana will be considered 
legal to grow or possess for medical purpose. This has recently been the 
most contentious issue between medical users and law officers, particularly 
sheriff's deputies.
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