Pubdate: Tue, 19 Jul 2005 Source: San Francisco Chronicle (CA) BAGGGDPV371.DTL Copyright: 2005 Hearst Communications Inc. Contact: http://www.sfgate.com/chronicle/ Details: http://www.mapinc.org/media/388 Author: Sabin Russell, Chronicle Medical Writer Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Cited: Gonzales v. Raich ( www.angeljustice.org/ ) Cited: Wo/Men's Alliance for Medical Marijuana ( www.wamm.org ) Cited: American Civil Liberties Union ( www.aclu.org ) STATE RESUMES ID CARD PROGRAM FOR MEDICAL POT Despite Top Court Ruling, Lockyer Concludes Such Certification Doesn't Violate Federal Law State health officials Monday reinstated a program to issue identity cards to patients who have been prescribed medical marijuana, after receiving advice from the state attorney general that they could do so without violating federal law. The quick decision to restart the program comes after Attorney General Bill Lockyer's office also warned that failure to implement the program mandated by a state law would violate the state Constitution. The nascent program was put on hold July 8 after having issued only 123 ID cards, which were meant to help qualified patients prove to law enforcement personnel that marijuana found in their possession was for medical purposes. State Health Director Sandra Shewry said at the time that the program was being suspended, pending a review by Lockyer, in the wake of the June 6 U.S. Supreme Court decision that permitted federal prosecution of marijuana users even in states such as California that allow its use for medical purposes. On Friday, Lockyer deputy Jonathan Renner sent the Department of Health Services a letter advising it to suspend its suspension and issue the ID cards. "We believe the federal government cannot enforce federal criminal laws against state officials who merely implement valid state law," Renner wrote in an eight-page letter to Shewry's legal office. Among the legal arguments weighing against federal prosecution of the state for its ID card program was a 3-year-old decision by the Ninth U.S. Circuit Court of Appeals in San Francisco, holding that doctors could not be prosecuted for recommending medical marijuana. The letter also advised that failure to implement the law out of concern that it might violate federal statutes would go against the California Constitution. "A unilateral decision not to comply with state law, on the grounds that it may be prohibited by federal criminal law, without first receiving the guidance of an appellate court, is barred by the California Constitution," Renner wrote. Shewry had also raised a concern that the information gathered by the state from medical marijuana card applicants might be subpoenaed by federal prosecutors and used against those patients. Here, Renner concluded that there was such a risk -- and he agreed with a state suggestion that applicants be notified that the information on their forms might be used against them, should the federal government decide to go after them. Department of Health Services spokesman Ken August said the program will restart immediately in three counties -- Amador, Del Norte and Mendocino -- that were part of a pilot project and that applicants will be advised of the federal risk. Plans call for the program to be rolled out statewide next month. Federal authorities have repeatedly said they do not intend to prosecute individual medical marijuana users, and August indicated there has been no demand for the state to supply information from the ID card program. "Not so far," he said. Valerie Corral, executive director of Wo/Men's Alliance for Medical Marijuana, praised the decision to restart the program. "It is extremely important that the state support the efforts of our task force that worked for three years to set up these regulations," she said. WAMM, as the Santa Cruz organization is called, had threatened with the American Civil Liberties Union to challenge the suspension of the program in court. "Political pressure always helps," she said. Advocates for medical marijuana say as many as 100,000 Californians use pot to treat their illnesses. The program is modeled after similar ID card systems set up in many California counties, including San Francisco. Although the state ID card offers no legal advantage over a county one, Corral said her organization is urging patients to get the state card to show strength in numbers. "As a political statement, it is most important," she said. - --- MAP posted-by: Beth