Pubdate: Sat, 19 Oct 2002
Source: Oakland Tribune, The (CA)
Copyright: 2002 MediaNews Group, Inc. and ANG Newspapers
Contact:  http://www.oaklandtribune.com/
Details: http://www.mapinc.org/media/314
Author: Donna Horowitz, Staff Writer
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

SUPERVISOR PROPOSES IDS FOR POT USERS

But Sheriff Opposes Idea, Says It Could Lead to Recipients Abusing Medical 
Marijuana Law

Alameda County Supervisor Nate Miley wants to make it easier for medical 
marijuana users to prove they have a legitimate need for the drug.

He's proposing an ordinance that allows them to apply for medical marijuana 
identification cards.

But Miley is running into roadblocks from county law enforcement officials 
- -- the very people he is hoping will go easier on medical marijuana users.

"It raises so many issues, we're not going to support it," said Sheriff 
Charles Plummer.

Plummer, who acknowledges he voted for Prop. 215, which allows the use of 
marijuana for medical reasons, said he now believes the measure was flawed.

He said he opposes the proposed ordinance for two reasons: the American 
Medical Association doesn't approve the use of pot to treat illnesses and 
such use violates federal law.

District Attorney Tom Orloff's position isn't so clear cut. His office is 
suggesting ways to tinker with the proposal to make it a model ordinance 
that other counties in the state could emulate.

Miley's proposal, which came before the Alameda County Board of 
Supervisors' Public Protection Committee earlier this week, must be 
reviewed further by the committee before it is forwarded to the full board 
for a decision.

"Law enforcement is concerned with abuses of (Prop.) 215," said Joe 
DeVries, field director for Miley. "We are, too."

DeVries, who said his office has been trying to get the proposal to the 
board committee since April, was frustrated by the latest delay. The plan went

before the Public Protection Committee on Monday and the board Health 
Committee the previous week.

Essentially, Miley's proposal would allow medical marijuana users in the 
county to apply for identification cards so if they're stopped by police, 
they could avoid being hassled. The patients' main caregivers who often 
grow and transport the pot also would be entitled to get identification cards.

But on this point, the District Attorney's Office disagrees.

Jeff Rubin, the deputy district attorney who wrote an eight-page response 
to the proposal, said state law allows only one primary caregiver, not a 
group of caregivers.

DeVries said, however, that many patients have more than one caregiver.

Rubin said his office also wants the county public health department to 
administer the program rather than an outside marijuana advocacy group, 
which could be viewed as biased. Miley's proposal calls for the health 
department to oversee the program, but an outside agency to actually run it.

Another dispute centers on the issue of confidentiality.

Rubin wants police who stop a medical marijuana user to be able to call a 
24-hour phone line to verify the patient's illness and amount of marijuana 
he or she is supposed to be using.

But DeVries said his office balks at the idea of releasing patient 
information, saying, "I don't think law enforcement should have access to 
medical records. Orloff wants to get records without a court order."

Miley's proposal does call for a 24-hour verification phone number that 
would allow police to determine whether a person is legally entitled to 
possess medical marijuana.

Rubin said his agency also wants applicants for the cards to name the 
specific illness to be treated, a reference to the medical literature that 
supports the use of pot for that ailment and the daily, weekly or monthly 
amount of dosage with the recommended method of ingestion.

His office wants to avoid abuses by people "getting recommendations (for 
cards) who just want to smoke dope, or have some kind of defense if they're 
selling marijuana."

"I would say I'd be anxious to see a model ordinance, but we ain't got it 
yet," Plummer said.

He said his deputies generally don't arrest people who have a couple of 
joints anyway. Rubin concurs that prosecutors don't see many cases 
involving small amounts of marijuana.

The board's Public Protection Committee has asked Miley to poll officials 
with the county's 14 cities to see what they think about the proposal.

Supervisor Gail Steele, a committee member, supports the medical marijuana 
user identification card, but wants to know what would stop a caregiver 
from "supplying the whole neighborhood."

Supervisor Scott Haggerty, who also sits on the committee, wasn't available 
for comment.
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MAP posted-by: Terry Liittschwager