cannabisnews.com: Marijuana On The Minds of County's Leaders





Marijuana On The Minds of County's Leaders
Posted by CN Staff on May 01, 2003 at 22:17:21 PT
By Michael Seville of The Register-Pajaronian 
Source: Register-Pajaronian 
The fight for patients' and states' rights is coming to a head in Santa Cruz County as two separate but equally important issues concerning California Proposition 215 are raising interest throughout the state and the nation. The Santa Cruz County Board of Supervisors, which has been one of the most vocal and supportive entities of the local medical marijuana movement, decided Tuesday to investigate the incentives and plausibility of issuing identification cards to patients who legally have been prescribed marijuana by their healthcare provider. 
"The identification card appears to provide real assistance to both law enforcement and legitimate users of medical marijuana and their caregivers," wrote Mardi Wormhoudt, third district supervisor, in a letter addressed to the board on Tuesday. Based on similar initiatives taken in San Francisco, Alameda, Marin and Mendocino counties, the Board of Supervisors instructed the county's Health Services Agency to study the case provided by the San Francisco model. Should the proposal pass, the county Public Health Department would issue identification cards to county residents who wanted an official form of identification to provide law enforcement should a confrontation occur. "This California law has made it possible for a lot of people who are critically ill to ease their pain through doctor prescribed medication," said Wormhoudt. "This new card would make it much easier for law enforcement officials to be able to identify patients by having a county-issued card with updated information, expiration dates and a legal notice of right for the patient's medicine." The cards would be similar to the ones already issued by Wo/Men's Alliance for Medical Marijuana, which provide a photo, descriptive information and a phone number to call should any problems or questions arise. The cards would be issued if a person could provide a written prescription by a health physician and pay the $25 fee the county would charge for the cards. The card would be a voluntary measure only, and would not be required to be eligible to receive medical marijuana. "The county-issued ID cards returns the medical marijuana issue to that of a health issue, instead of a criminal issue," said Vallerie Corral, co-founder of WAMM. "This will eliminate sick and dying patients being thrown into the legal system and will save the county the costs it would otherwise spend to find out that the person did in fact have a prescription for their medicine." WAMM is a local nonprofit organization founded in 1993, which provides medical marijuana at no cost to terminally ill and other patients who seek relief from pain and suffering. The organization's farm was at the center of a controversy in September when the Drug Enforcement Administration raided the farm and arrested Corral, along with her husband Michael Corral. Following the raid the Santa Cruz City Council sponsored a medical marijuana give-away from the steps of the City Hall. The council also deputized the Corrals in an attempt to protect the family and allow them to grow, distribute and possess marijuana under state law. There is speculation as to how law enforcement agencies will balance the weight of upholding state law and federal law, as marijuana is illegal under any circumstances in federal law. In Wormhoudt's letter to the Board of Supervisors, she states that Santa Cruz County Sheriff Mark Tracy is supportive of the idea. She added that she is not sure, however, how the Watsonville Police Department will respond to the identification cards, as the idea was conceived just this week. Anne DaVigo, spokesperson for the California Highway Patrol, said the CHP's policy will not change should the officers be presented a county-issued card. "If someone is driving a vehicle under the influence of marijuana they will be arrested for a DUI just as a person who is driving under the influence of any substance that impairs ones abilities," said DaVigo. "It is CHP policy that if a person has marijuana in the vehicle, it will be confiscated even if the person provides the officer with an identification card." DaVigo explained that several cannabis clubs are now issuing identification cards to protect their clients and that it becomes difficult for a field officer to determine the authenticity and legality of any such card. Therefore, the policy of confiscation will be upheld for the time being. "Right now, there is a lot of ignorance and misinformation that ends up hurting people who benefit from medical marijuana," said Corral. "If all law enforcement agencies were to honor these cards, it would be a big lift for our patients and our cause." In a separate issue, on April 23, a law suit was filed in federal court in San Jose by the city and county of Santa Cruz suing United States Attorney General John Ashcroft and the DEA. In the suit, the city and county demand that the federal government abstain from conducting any more raids on legitimate and legal marijuana farms, distribution centers and patients. "This really brings up remarkable constitutional questions about how the Constitution is currently seen and ultimately if it even applies in today's world," said Corral. "This is also a remarkable time because sick and dying people are standing up against the federal government and fighting for their rights." Corral, along with the several attorneys who are representing the plaintiffs, including Gerald Uelman, former dean of law at Santa Clara University, believes that the defense will move to have the suit dismissed, and is hoping the judge hearing the case denies the motion. The Board of Supervisors instructed the Health Services Agency to prepare a report on the identification cards for the board's consideration at its May 20 meeting. Source: Register-Pajaronian (CA)Author: Michael Seville of The Register-Pajaronian Published: May 02, 2003Copyright: 2003 Register-PajaronianContact: jchown register-pajaronian.comWebsite: http://www.register-pajaronian.comRelated Articles & Web Sites:WAMMhttp://www.wamm.org/Pictures from WAMM Protesthttp://freedomtoexhale.com/eventpics.htmFighting Back in Santa Cruzhttp://cannabisnews.com/news/thread16092.shtmlGrown in Santa Cruz - San Francisco Chronicle http://cannabisnews.com/news/thread16082.shtmlMedical-Marijuana ID Card Sought http://cannabisnews.com/news/thread16062.shtml
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