cannabisnews.com: California Suspends Medical Pot Card Program 





California Suspends Medical Pot Card Program 
Posted by CN Staff on July 08, 2005 at 14:01:32 PT
By Lisa Leff, Associated Press Writer
Source: Associated Press 
San Francisco -- Citing uncertainty prompted by a recent U.S. Supreme Court ruling, California health officials suspended a program on Friday that had begun providing patients who smoke marijuana for medicinal reasons with state-issued identification cards.State Health Director Sandra Shewry has asked the state Attorney General's office to review the court ruling to determine whether the ID program would put patients and state employees at risk of federal prosecution.
"I am concerned about unintended potential consequences of issuing medical marijuana ID cards that could affect medical marijuana users, their families and staff of the California Department of Health Services," Shewry said.A spokeswoman for Attorney General Bill Lockyer did not immediately return a call seeking comment.Last month, the U.S. Supreme Court said in a 6-3 decision that people who smoke marijuana because their doctors recommend it to ease pain or other conditions can be prosecuted for violating federal drug laws. The ruling did not strike down laws in California and nine other states that permit medical cannabis use, but said federal drug laws take precedence.The state health department in May launched a pilot pot card program in three Northern California counties — Amador, Del Norte and Mendocino. One purpose of the cards is to give medical pot users a way to show they have a legitimate reason for possessing pot if they are stopped by law enforcement.So far, cards have been issued to 123 people under the pilot program, which was due to expand statewide by the end of the summer. Following Friday's move, officials in the three counties already issuing the cards were told not to process any more applications. The health department also has postponed processing requests from other counties that wanted to start issuing the cards.Other counties and cities that issue their own cards, such as San Francisco, are unaffected by the state's action.Besides being worried that state or local government workers could be charged with aiding and abetting individuals in committing federal crimes, Shewry said she was concerned that information gathered to produce the cards might be seized by federal authorities to identify and prosecute medical marijuana patients.Source: Associated Press (Wire)Author: Lisa Leff, Associated Press WriterPublished: Friday, July 8, 2005 Copyright: 2005 The Associated Press CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #11 posted by Max Flowers on July 09, 2005 at 11:53:45 PT
Unlikely
Also, I find the idea/fear of federal authorities prosecuting state authorities for upholding their own state laws rather preposterous and unlikely. I don't think they have the jurisdiction nor the cajones to try that one.That battle would be a high-octane lawyer-fest for all to see... plus, I don't think that the feds would want all their dirty laundry (lack of true jurisdiction, illegal acts) aired in court related to this that would surely be aired.
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Comment #10 posted by The GCW on July 09, 2005 at 05:23:53 PT
Wolfgang Wylde's got it.
"State Health Director Sandra Shewry has asked the state Attorney General's office to review the court ruling to determine whether the ID program would put patients and state employees at risk of federal prosecution.""""If this is a move to actually protect the people, and it seems to be... then fine, stop the cards and quit caging humans for using cannabis; PERIOD.You don't need a card, to not be caged, for using a superplant.
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Comment #9 posted by WolfgangWylde on July 09, 2005 at 04:22:07 PT
Am I missing something?
Doesn't say anything about stopping the actual dispensation of medical marijuana. Just the ID cards (which aren't in general use right now anyway). That is a good thing, IMHO.
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Comment #8 posted by jose melendez on July 08, 2005 at 19:25:40 PT
global warming 
I'm not hiding from anyone. Dankdude is someone else.*http://aspe.hhs.gov/admnsimp/pl104191.htm The HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 is designed to improve portability and continuity of health insurance coverage in the group and individual markets, combat waste, fraud, and abuse in health insurance and health care delivery, promote the use of medical savings accounts, improve access to long-term care services and coverage, and simplify the administration of health insurance . . .I do agree that if the feds do ask to look into Medical records of the Certified card carrying med patients they would violate the Federal HIPAA:SEC. 1177. (a) OFFENSE.--A person who knowingly and in violation of this part--"(1) uses or causes to be used a unique health identifier;"(2) obtains individually identifiable health information relating to an individual; or"(3) discloses individually identifiable health information to another person,shall be punished as provided in subsection (b)."(b) PENALTIES.--A person described in subsection (a) shall--"(1) be fined not more than $50,000, imprisoned not more than 1 year, or both;"(2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both; and"(3) if the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, be fined not more than $250,000, imprisoned not more than 10 years, or both.Also, this afternoon I heard from a friend at LEAP.cc who says no less than four powerful attorneys have brought up the Commerce Clause when asked about avenues for federal lawsuits against drug warriors.- Air Jose. 
*Puppyman: Everyone screams sometimes - especially now that it's windy in Texas!
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Comment #7 posted by MikeEEEEE on July 08, 2005 at 18:43:10 PT
Acts like a frightened state govt. 
"State Health Director Sandra Shewry has asked the state Attorney General's office to review the court ruling to determine whether the ID program would put patients and state employees at risk of federal prosecution."I wonder if they already know the answer before the review. Not all of us are ignorant and addicted to corporate media propaganda.Lawsuits may follow.
The tides of legal fighting again, such non-sense and really wasteful in the land of prohibition.Every month republiCONS rule seems like "We the people" means less and less.
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Comment #6 posted by FoM on July 08, 2005 at 18:30:12 PT
If You Don't Want To Use the PDF File
Here it is.***ARNOLD SCHWARZENEGGERGovernorState of California—Health and Human Services AgencyDepartment of Health ServicesSANDRA SHEWRY DirectorJuly 8, 2005 TO: ALL COUNTY HEALTH DIRECTORS SUBJECT: MEDICAL MARIJUANA PROGRAM This is to notify you that effective immediately the California Department of Health Services (Department) is suspending the implementation of the Medical Marijuana Program and the issuance of identification cards to qualified patients and their primary caregivers. This suspension shall be observed pending further review of the legality of continued compliance with the statutory requirements established by Senate Bill (SB) 420 (Chapter 875, Statutes of 2003) in light of the U.S. Supreme Court decision in Gonzales v. Raich. On June 6, 2005, in Gonzales v. Raich, the U.S. Supreme Court ruled against two California women, Raich and Monson, who sought a ruling that the federal government does not have jurisdiction to enforce the Controlled Substances Act against persons growing marijuana for their personal, medical use. The Court held that Congress’ Commerce Clause authority includes the power to prohibit the local cultivation and use of marijuana. Although California’s Compassionate Use Act and SB 420 were not directly affected by the Court’s decision, the ruling raises questions whether the State can lawfully conduct an identification card program that facilitates violation of the Controlled Substances Act. We are requesting that pilot counties, that have begun operations, cease processing their applications through the state system until further notice. Additionally, the Department will postpone processing counties’ requests to implement the Medical Marijuana Program locally. Should you have any questions or need additional information, please contact Mr. Gregory A. Franklin, M.H.A., Deputy Director of Health Information and Strategic Planning Division. Sincerely, Sandra Shewry DirectorHealth Information and Strategic Planning, MS 5000, P.O. Box 997413, Sacramento, CA 95899-7413 (916) 440-7350 Internet Address: www.dhs.ca.govAll County Health Directors Page Two July 8, 2005 cc: Ms. Judith Reigel Executive Officer County Health Executives Association of California 1127 11th Street, Ste 309 Sacramento, CA 95814 Dr. Scott Morrow California Conference of Local Health Officers P.O. Box 997413, MS 7003 Sacramento, CA 95899-7413 Mr. Scott Thorpe Special Assistant Attorney General Office of the Attorney General 1300 I Street, 17th Floor Sacramento, CA 95814
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Comment #5 posted by FoM on July 08, 2005 at 18:25:13 PT
More On The Supension of ID Program
http://www.dhs.ca.gov/hisp/ochs/MMP/Letter/MMP%20All%20County%20Suspension%20Letter.pdf
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Comment #4 posted by global_warming on July 08, 2005 at 18:17:30 PT
Youth
When a little dog, innocently runs, in front of a fast moving surface conveyance, or my little sister, my brother, my neighbor, my loss, cries for Justice.There is a Justice, higher than Human Justice, there is a Justice, that fills the empty corners of this UNIVERSEThere is no rope, or chain, that has been built, that will not fail, when, one bullit, will mark, the beginning, and the end, of this world, filled with fat bellied and greedy prohibitionists, who have lost the path, who continue to fester and employ their own ending.Time, will be Witness, to our Hallowed Edifices, we shall reach into the deepest "earth" to find answers, to those who have been forgotten.The Most Forgotten, Paths, will fill our greatest adventures, and fill our Eternal Imaginations, This very second of time, is that very chance, to reach for justice, truth, and what decisions, that will not give birth to ghosts, that will haunt your eternal soul, into eternity.
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Comment #3 posted by global_warming on July 08, 2005 at 17:23:56 PT
Dank and Dude
My,..  dank,  sounds like a Humid, dank and filled with much moisture, from the dew and this summer weather.Jose, is that you? Hiding behind, our corrupted system of Law, which has been userped and bought, by terror, blackmail, and the tide of ignorance?
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Comment #2 posted by Dankdude on July 08, 2005 at 15:57:35 PT:
The feds stepped into deep do-do
If the feds do ask to look into Medical records of the Certified card carrying med patients they would violate the Federal HIPAA law and in essence nullify their case.Even the 9th Circuit Court of Appeals would have to throw it out.HIPAA LAW:
http://aspe.hhs.gov/admnsimp/pl104191.htm
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Comment #1 posted by global_warming on July 08, 2005 at 15:17:40 PT
Just Say No
" Following Friday's move, officials in the three counties already issuing the cards were told not to process any more applications."This decision is being interpreted by the people who it will effect the most, as a message that your government does not give a rats ass if you suffer and die.
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