[Editor's Note: The constitutionality of SB420 is in question, since California’s constitution (Article 2, Sec. 10 (c)) states: "The Legislature ... may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without their approval. "]

A program to issue medical ID cards and clarify parts of Prop. 215 lacks startup funds.

By Ed Fletcher – Sacramento Bee Capitol Bureau

Friday, December 26, 2003

 Next Thursday was supposed to be a big day for medical marijuana users.

 That's the day Californians with AIDS, glaucoma, cancer, multiple sclerosis, epilepsy, chronic pain and other ailments could begin getting state-issued identification cards -- thus freeing them from jail time as they debate their medical need with cops.

 That won't happen.

 State officials charged with running the program say they don't have enough money to get it going.

 "This is a fee-based program, but we need startup funding," said Lea Brooks, a spokeswoman for the state Department of Health Services. "We have a very tight budget."

 The author of the legislation aimed at augmenting Proposition 215 said he was "astonished" and "angry."

 "Departments are there to carry out the law -- not (flout) it," said Sen. John Vasconcellos, D-Santa Clara.

 Under the law, SB 420, the state cards would replace other cards authorized in some counties. Advocates say a state system would be a win-win for those in need and for cops and courts -- freeing criminal justice officials from having to separate legitimate patients from lawbreakers. The state law would also create greater uniformity.

 Even though Proposition 215 passed in 1996, the federal government continues to enforce federal marijuana laws in California. Court decisions have backed the state law, but the conflict continues.

 Vasconcellos said he would be surprised if Gov. Arnold Schwarzenegger – who supported Proposition 215 -- knows what the health department is up to.

 The governor's press office said it is still checking into the matter.

"This administration will review the statute and implementation plan," said Schwarzenegger spokeswoman Ashley Snee, reading a prepared statement.

 She would not speculate on when the law might be implemented.

In the absence of state-issued cards, the Oakland Cannabis Buyers'

Cooperative is continuing to issue its own cards. On a recent midweek day, clients from Sacramento, Glendale, Calaveras and Oakland all filed through to apply for or renew their cards.

 Statewide, 23,000 Californians carry cooperative ID cards. An additional 20 to 25 new cards are issued each day after cooperative staff members review the doctor's note for each applicant, call the doctor and check the physician's standing with the state medical board.

 Under the stalled new law, county health departments were to begin issuing state cards on Jan. 1. The law also imposes legal limits on marijuana possession. [Actually, these are just guidelines. -Ed] Patients or primary caregivers may possess no more than 8 ounces of dried marijuana. Additionally, they may maintain no more than six mature and 12 immature marijuana plants per qualified patient. Higher limits are possible, if set by local authorities or if patients can prove a greater medical need.

 But those limits won't go into effect until the ID card portion becomes reality.

 Brooks said the state health department would need four people working full time and $470,000 to get the program on its feet.

Once running, the program would support itself through fees collected from cardholders.

 The 389-word Proposition 215 includes no language spelling out how much marijuana may be carried, grown, sold or consumed.

As a result -- and in the absence of a state law -- local officials have been forced to set their own legal limits. Courts also have played a major role sorting out what's legal.

 In Humboldt County, the district attorney's guidelines say authorized medical marijuana users may possess 3 pounds of dried marijuana. "The law needed to be clarified for a long time," Humboldt County Sheriff Gary Philp said in a phone interview. "It makes it easier for law enforcement and everyone involved to have some clarity."

 Jeff Jones, executive director of the Oakland cooperative, said the new law will do the most good in rural California, where "patients are spending nights in jail" because law enforcement officers disregard the mandate of Proposition 215.

 A blurb on the Drug Policy Alliance Web site says the law "seeks to protect patients from cowboy cops."

While many agree that the legislation represents a major compromise between law enforcement officials and medical marijuana advocates, others aren't happy at all. Mike, a 55-year-old Calaveras County resident who asked that his last name not be used, said he felt safer when the government didn't have a list of medical marijuana users. "I don't think the state needs to get involved," said Mike, as he filled out his card renewal application in Oakland. He said marijuana has helped him with his ailments and improved his life.

 Dennis Peron, one of the driving forces behind Proposition 215, said he doesn't support the new law and said he is thinking about suing to block its implementation. "Anybody who registers with the cops is crazy," Peron said.