cannabisnews.com: Supervisor Proposes IDs for Pot Users 





Supervisor Proposes IDs for Pot Users 
Posted by CN Staff on October 19, 2002 at 11:16:57 PT
By Donna Horowitz, Staff Writer
Source: Oakland Tribune 
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. Note: But sheriff opposes idea, says it could lead to recipients abusing medical marijuana law.Source: Oakland Tribune (CA)Author: Donna Horowitz, Staff WriterPublished: Saturday, October 19, 2002 Copyright: 2002 MediaNews Group, Inc. Contact: triblet angnewspapers.com Website: http://www.oaklandtribune.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmGrowers File Suit To Stop Federal Raids http://cannabisnews.com/news/thread14412.shtmlS.F. Voters Support Marijuana Measure, Poll Shows http://cannabisnews.com/news/thread14101.shtml
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