Pubdate: Fri, 17 Aug 2007
Source: Bakersfield Californian, The (CA)
Copyright: 2007 The Bakersfield Californian
Contact:  http://www.bakersfield.com/
Details: http://www.mapinc.org/media/36
Author: Felix Doligosa Jr., Californian Staff Writer
Cited: Kern County Board of Supervisors http://www.co.kern.ca.us/bos/
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

POT ID CARDS ABUSED

Doctors are traveling around California and selling medical marijuana 
ID cards without examining patients, according to a new report by the 
county's top lawyers submitted to the Kern County Board of 
Supervisors for its review.

The eight-page report, which also lists options for the supervisors 
to take on handling medical marijuana dispensaries, detailed the 
practices of some doctors abusing state law.

State law allows seriously ill people to get medical marijuana if 
they have a doctor's recommendation.

"Doctors travel up and down the state renting motel rooms" to sell 
the medical recommendations, says the report from County Counsel 
Bernard Barmann and his deputy John Irby.

Since doctors are not punished for recommending a patient for 
marijuana, they have abused the "system," the report alleges.

This is a "statewide" issue, Barmann said Thursday night.

Currently, Kern County further regulates medical marijuana 
dispensaries by requiring them to have a license.

In December 2006, the sheriff's office gave out six licenses.

Then Sheriff Donny Youngblood said July 17 he would no longer issue 
any licenses after the Drug Enforcement Agency raided several local 
dispensaries and federal indictments were handed down.

Every medical marijuana dispensary in the county has since shut down.

Right now, the county has an ordinance that calls for the sheriff to 
issue dispensary licenses. The thinking behind it, according to the 
county lawyers' report, was that would allow deputies to more easily 
oversee and access the dispensaries to prevent "nuisance-related 
activity," especially if one were near a school. However, state law 
does not require the county to regulate medical marijuana.

The report, researched by county lawyers at supervisors' request, 
lists options supervisors can take to abide by the state law. The 
board will consider the report at the 9 a.m. portion of Tuesday's meeting.

"These are not recommendations," Barmann said. "We're trying to give 
the board a picture of what is going on."

Among the options:

* County supervisors could repeal the current ordinance and just let 
state law govern dispensaries.

* The county could wait and see how a case involving San Diego County 
turns out.

* The county can't legally ban dispensaries, because state law allows 
organized distribution of medical marijuana.

* The supervisors could pick a county official other then the sheriff 
to issue dispensary licenses.

* The board could legally create a new ordinance allowing "small 
cooperative-type dispensaries" and closely regulate them. 
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MAP posted-by: Richard Lake