cannabisnews.com: State Resumes Medical Marijuana ID Card Program





State Resumes Medical Marijuana ID Card Program
Posted by CN Staff on July 19, 2005 at 06:44:40 PT
Local News
Source: Times-Standard
Sacramento -- California Health Director Sandra Shewry announced Monday that the state has resumed its Medical Marijuana ID Card program.After receiving legal advice from the California attorney general that operating the pilot program would not aid and abet marijuana users in committing a federal crime, Shewry directed staff of the California Department of Health Services (CDHS) to resume operations that were suspended on July 8.
"The state attorney general has reviewed this concern and said that California can issue ID cards to medical marijuana users without state employees facing prosecution for assisting in the commission of a federal crime," Shewry said. "Today (Monday) the state resumed operating the Medical Marijuana ID Card program."But the attorney general also said that information received from applicants for medical marijuana ID cards may be obtained by federal officials to identify them for prosecution. In response, CDHS will be modifying the ID card application to inform applicants that possession of marijuana remains a federal crime and information provided by them could be used for federal prosecution, Shewry said.Shewry added that CDHS will ask the three counties that have issued state ID cards to notify all card-holders of their risk for federal prosecution.The Medical Marijuana Identification Card Program was designed to provide patients an ID card that could be used as evidence that they had received a recommendation from their physician to use marijuana for medicinal purposes. The card can assist law enforcement officials in determining whether an individual using marijuana meets the requirements of the Compassionate Use Act, which says that with the recommendation of a physician, a patient may obtain and use marijuana for personal medical purposes.On June 6, the U.S. Supreme Court ruled against two California women who sought a decision that the federal government does not have jurisdiction to enforce federal law against individuals growing marijuana for their personal medical use. The court, however, determined that Congress does have the authority to prohibit local cultivation and use of marijuana.Although the court's decision did not directly affect California's Compassionate Use Act, approved by voters in 1996, and state law, the decision raised questions about whether the state can legally conduct a program that assists in the violation of federal law. In an effort to clarify the issue, CDHS sought legal advice from the attorney general.CDHS began pilot testing an identification card and registry system in three counties -- Amador, Del Norte and Mendocino -- in May. To date, 123 cards have been issued. With the resumption of the program, the pilot testing is scheduled to be completed at the end of this month and the program expanded statewide beginning Aug. 1.Source: Times-Standard (CA)Published: Tuesday, July 19, 2005 Copyright: 2005 MediaNews Group, Inc.Contact: editor times-standard.comWebsite: http://www.times-standard.com/Related Articles & Web Site:Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmCalifornia Resumes Medical Marijuana Programhttp://cannabisnews.com/news/thread20972.shtmlCalifornia Medical Marijuana Program Haltedhttp://cannabisnews.com/news/thread20949.shtmlACLU and Drug Policy Alliance Threaten To Sue http://cannabisnews.com/news/thread20948.shtml
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Comment #19 posted by jose melendez on July 20, 2005 at 05:11:44 PT
protection from enforcement
I am hesitant to post this, for fear that Joyce Nalepka will see that a 14 year old girl has created some 169,000 hemp bracelets and call for her arrest and incarceration. The kid has some 80,000 peace bracelets on backorder:http://www.harmsway4kids.com/html/bracelet.htm http://www4.army.mil/ocpa/read.php?story_id_key=7616 Related: Supreme Court Nominee John G. Roberts, Jr. upheld arrest of 12 year old for possession of a single french fry as Constitutional (because of course, the search of a preteen resulting in the seizure of a french fry is REASONABLE?!), noted that those responsible for making the little girl cry got the unflattering publicity they deserved:http://www.washingtonpost.com/wp-dyn/articles/A1077-2004Oct27.html Letter writer paraphrases 'Fight real crime, or have another drink':"Our elected leaders now have two choices: follow the lead of the people, or go get an honest job."http://www.mapinc.org/drugnews/v05/n1144/a06.html?397
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Comment #18 posted by FoM on July 19, 2005 at 20:36:42 PT
A Comment About The Article
I'm not from California so I hesitate to form strong opinions on the ID cards but I was bothered when they were stopping it. It to me isn't if it's good or bad but about the federal government causing panic in the state. 
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Comment #17 posted by Hope on July 19, 2005 at 19:45:16 PT
Afterburner
"...for protection from California law enforcement."That jumped out at me, too.
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Comment #16 posted by Hope on July 19, 2005 at 19:42:38 PT
It appears
that litigation or the threat of litigation, can be very useful in getting some of the government and prohib types to come to their senses.We have to fight with every nonviolent means that comes to hand.E_Johnson, comment 10. Beautiful and true. You can't beat that.Runruff, comment 3. "... 2.2 million people in prison and another 5.7 million on parole, on probation or otherwise in the system it becomes obvious what an industry prohibition is." You're right. Their mask is slipping. The mainstream is beginning to see what is really going on.Jose...I'm a regular soldier...you are up their on a rearing white stallion flinging at least two sharp swords in every direction. You got it going...to say the least. Keep it up.
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Comment #15 posted by afterburner on July 19, 2005 at 19:27:29 PT
To Serve and *Protect*
"...having a state medical marijuana card for protection from California law enforcement," said Diego Donohoe, an AIDS and cancer patient The irony of this statement is just too telling regarding what's wrong with The Empire!
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Comment #14 posted by FoM on July 19, 2005 at 18:26:18 PT
JustGetnBy
And thank you too!
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Comment #13 posted by mayan on July 19, 2005 at 17:33:36 PT
Keep Suing Them!
From the ACLU press release FoM posted in comment #9...The ACLU and the Drug Policy Alliance sent the governor a letter last Tuesday threatening to sue him for violating the state’s constitution unless he reinstated California’s medical marijuana card program by the end of the day today.I imagine Arnold's handlers knew they were wrong to cave to the feds but figured they'd wait to see if they got sued. We must leave no doubt in the minds of those who would stifle medical cannabis that they will be sued at each and every crooked turn. I have mixed feelings about the card program but if the cards make some folks feel more secure from the fascists then they should be allowed to have them. Also, the cards probably add some perceived legitimacy to medical cannabis among the general population. We here have always known that medical cannabis and 215 are legit!THE WAY OUT IS THE WAY IN...Tenet under investigation for pre-9/11 AA put options?
http://www.total411.info/2005/07/tenet-under-investigation-for-pre-911.htmlPaul Thompson on 'Air America Radio' Tomorrow:
http://shows.airamericaradio.com/ms/NY Fireman Lou Cacchioli Upset That 9/11 Commission 'Tried To Twist My Words':
http://www.arcticbeacon.citymaker.com/articles/article/1518131/29548.htmUncovering the Untold Story of 9/11:
http://911citizenswatch.org/modules.php?op=modload&name=News&file=article&sid=594&mode=thread&order=0&thold=09/11 Videos: THE CONTROLLED COLLAPSE OF WTC 7:
http://www.whatreallyhappened.com/wtc7.htmlD.C. Emergency Truth Convergence - July 22-24: 
http://www.truthemergency.us
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Comment #12 posted by JustGetnBy on July 19, 2005 at 15:44:21 PT
Thank You All !!
  For being the compassionate, fearless , wonderful people that you are. You bolster my faith, and you give me courage to continue my small part of the struggle.  THANK YOU ALL...............
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Comment #11 posted by FoM on July 19, 2005 at 15:43:17 PT
Sounds Right To Me EJ
I guess that's how I look at it. I don't want to stoop to the prohibitionists level. 
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Comment #10 posted by E_Johnson on July 19, 2005 at 15:38:16 PT
How about if we're politely honest
Instead of saying something mean and snarky as a way of expelling angst, just say flat out, "Your beliefs about marijuana cause me a lot of emotional turmoil and anger, because you're arguments are wrong, and people I care about are being dreadfully and irreparably harmed as a result".
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Comment #9 posted by FoM on July 19, 2005 at 15:10:32 PT
Press Release from The ACLU
 California Reinstates Medical Marijuana Card Program After ACLU and Drug Policy Alliance Threaten Lawsuit July 19, 2005SACRAMENTO -- The Schwarzenegger administration today complied with demands from the American Civil Liberties Union and the Drug Policy Alliance and reinstated California’s medical marijuana card program. California: Latest State to Affirm Continued Validity of Medical Marijuana Laws since U.S. Supreme Court Ruling SACRAMENTO -- The Schwarzenegger administration today complied with demands from the American Civil Liberties Union and the Drug Policy Alliance and reinstated California’s medical marijuana card program. "California’s reinstatement of the card program squarely confirms that state medical marijuana laws across the country remain completely valid and in force," said Allen Hopper, an attorney with the ACLU’s Drug Law Reform Project. "Patients can breathe a sigh of relief today, and we applaud the Attorney General’s prompt attention and resolution of this issue." Daniel Abrahamson, Director of Legal Affairs for the Drug Policy Alliance, praised the health department's decision to resume the ID card program. "The Department of Health Services made the right decision and did so quickly. I commend the department for its commitment to protect patients, and its decision to expand the ID program statewide. The department’s program could soon become a model for other states and even the entire nation." The ACLU and the Drug Policy Alliance sent the governor a letter last Tuesday threatening to sue him for violating the state’s constitution unless he reinstated California’s medical marijuana card program by the end of the day today. Governor Schwarzenegger’s Director of Health Services halted the program almost two weeks ago, blocking medical marijuana patients from obtaining registration cards to which they are entitled under California law. The suspension of the program came on the eve of its scheduled expansion from a four-county pilot program to a statewide system designed to protect patients from arrest and seizure of their medicine. The decision to reinstate the card program was based on an opinion from the state Attorney General, which explained that the issuance of state ID cards could not conceivably violate federal law. "The federal government’s decision to criminalize marijuana -- for all purposes -- does not require California to do the same," said Jonathan K. Renner, Deputy Attorney General. The attorney general’s office also agreed with the letter submitted by the ACLU and the Alliance that, "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." The Director of Health Services continued to express concerns in recent news reports that information gathered by the state from medical marijuana card applicants might be subpoenaed by federal prosecutors and used against those patients. While the ACLU and the Alliance are urging the Schwarzenegger administration and Attorney General to resist every federal effort to obtain medical marijuana patient information, they agree that this issue does not warrant suspension of the card program. "Of course, I and other patients are concerned about the possibility of being arrested by the federal government, but this concern does not outweigh the value of having a state medical marijuana card for protection from California law enforcement," said Diego Donohoe, an AIDS and cancer patient in Mendocino County on whose behalf the ACLU and the Alliance were poised to file the law suit. Donohoe, who uses marijuana to relieve the symptoms of AIDS and cancer, was precluded from obtaining a state identification card when the department suspended the program. California joins Hawaii, Oregon and Alaska in affirming the continued validity of medical marijuana laws since the U.S. Supreme Court ruling last month in Gonzales v. Raich. The Supreme Court ruled in Raich that the federal government retains power under the commerce clause of the U.S. Constitution to enforce federal marijuana laws, even where it is legal under state law. "Having the security of a statewide ID card is very good news for all patients," said Donohoe. "What I am doing is in accord with my conscience. It’s nice to know California will respect that even if the federal government does not." To read the California Attorney General’s letter to the Department of Human Services, see: http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=18791&c=81 To read the ACLU and the Alliance’s letter to Governor Schwarzenegger and the Department of Health Services, see: http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=18701&c=81 For more information on other states’ responses to Gonzales v. Raich see: http://www.aclu.org/DrugPolicy/DrugPolicylist.cfm?c=81 and http://www.drugpolicy.org © ACLU, 125 Broad Street, 18th Floor New York, NY 10004 This is the Web site of the American Civil Liberties Union and the ACLU Foundation.Learn more about the distinction between these two components of the ACLU.Contact: media aclu.org 
URL: http://www.aclu.org/DrugPolicy/DrugPolicy.cfm?ID=18794&c=81 
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Comment #8 posted by FoM on July 19, 2005 at 13:38:21 PT
runruff 
I understand what you mean. How can we always be nice when they hate us so? If a person beats a dog long enough he won't slink away into a corner but he'll bite you. We have been kicked like a dog and it's time they stop because we can't barely handle it anymore.
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Comment #7 posted by runruff on July 19, 2005 at 13:23:41 PT:
I understand
but I hope anyone reading my post understands that it is not easy at times to be polite to the very entities that are
kicking you in the teeth. Pointing guns at you. Calling you a criminal while yu know it is them that a breaking the laws. They are the criminals who are robbing and incarcerating me and my neighbors. Polite dissertation?
In the face of the beast it ain't easy!
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Comment #6 posted by FoM on July 19, 2005 at 13:15:23 PT
Young Folk Like FoM!
I know what the problem is Jose. The summer heat must be getting to ya! LOL!
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Comment #5 posted by jose melendez on July 19, 2005 at 13:08:41 PT
namaste
Thank you kindly, runruff. I am but a soldier in this Quixotic quest to expose the war against us as a crime.We are all doing what we can to change the world, and I am grateful to the young folk like FoM, Hope and Taylor121 for helping keep me focused on what is really important - polite but firm and public discussion. 
Concerned Citizens Coalition to Criminalize Prohibition
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Comment #4 posted by Taylor121 on July 19, 2005 at 12:17:58 PT
Reminder: Get Active in Internet Forums
We have to spread the word and present polite arguments to everyone around the net. I have said this before and I hope FoM doesn't mind me remindering everyone from time to time to become active in online forum communities, especially if you have decent skills in informal logical fallacies and are good at articulating points.http://big-boards.com./This site has the top 1267 forums on the internet, meaning a huge oppurtunity for growth and outreach that costs us no money, just time. Go through and find a forum that isn't pro marijuana, they will usually have a political discussion section or an "off-topic" area that you can discuss marijuana prohibition with others in that specific community.
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Comment #3 posted by runruff on July 19, 2005 at 10:35:37 PT:
prohibition incentives.
Jose,
It is so great and encourging to read your posts. You should get a law degree. You could be a real history maker. You may be anyway.I'm reinstalling my copy program. Will start sending info as soon as I am finished.One of the most simple aspects of this war on the people in the name of drugs is this:
Whith 2.2 million people in prison and another 5.7 million on parole, on probation or otherwise in the system it becomes obvious what an industry prohibition is. Half the seated judges would be wthout work [ what is a judge but an elevated lawyer] and we all know who lawyers are there to serve. Maybe one must actually experience the "system" to know just how corrupt it is. Half the seated judges would have to go back to practicing law and half the business practicing law would disappear with the advent of the repeal of prohibition, not to mention what would they do with all those empty jail cells? As it is half the buisness going to the criminal lawyers and prosecuters rubber stamp easy money justice. This is huge, powerful and very diffecult to overcome. Doable but we need dedicated people such as yourself, well respected and possionate to the cause of freedom over tyrany. I'm sure I speak for many if not all of us here on Cnews
how greatful we are for you. May you receive many blessings from the Great Spirit. Power to you and the people for whom you are so passionatly fighting. Namaste
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Comment #2 posted by Truth on July 19, 2005 at 09:40:47 PT
What i wonder....
is, if all the media, NY Times, etc, that were so quick to report that CA had suspended it's program will be just as quick to state that it is back.So far I've only seen the Cronic report that it would be a violation of the state constitution to suspend the program.
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Comment #1 posted by FoM on July 19, 2005 at 08:10:32 PT
Related Article From The San Francisco Chronicle
State Resumes ID Card Program for Medical Pot ***Despite top court ruling, Lockyer concludes such certification doesn't violate federal law.Sabin Russell, Chronicle Medical WriterTuesday, July 19, 2005 
 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. Snipped:Complete Article: http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/07/19/BAGGGDPV371.DTL
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