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Victory! California resumes issuing medical marijuana ID cards

When California officials halted the medical marijuana registry two weeks ago, we urged you to take action. Well, your activism has paid off ... Eleven days after Gov. Arnold Schwarzenegger's (R) Department of Health Services suspended the state's medical marijuana ID program and asked for legal advice from the attorney general, the program's up and running again. More than 550 of you mobilized to ask Attorney General Bill Lockyer (D) to quickly issue an opinion stating that the ID program does not aid and abet a federal crime and ordering it to reopen. And on Friday, Lockyer's office did just that.

The news gets better. In addition to restarting the program, Lockyer's opinion provides a clear explanation of why states can enact medical marijuana laws ­ including laws with registry ID cards. Lockyer wrote: "The federal government's decision to criminalize the use and possession of marijuana ­ for all purposes ­ does not require California to do the same." He quoted the U.S. Supreme Court's opinion that the "federal government may not compel the states to implement ... federal regulatory programs." These firm statements will help allay some of the fear and confusion caused by the Department of Health Services' and others' knee-jerk reactions to the Court's recent medical marijuana decision.

In addition to your efforts, the American Civil Liberties Union (ACLU) deserves praise for its key role in securing a prompt resumption of the program. The ACLU threatened to sue the Department of Health Services if it did not resume its registry ID program by 5:00 p.m. today.

California's ID card program was just getting started when the Department of Health temporarily suspended it. Only 123 cards had been issued from three pilot counties at the time of suspension. Those three counties ­ Amador, Del Norte, and Mendocino ­ began issuing cards in June, and other counties are expected to follow suit on August 1. Unlike in most medical marijuana states, California's registry ID system is voluntary. Patients whose doctors recommend medical marijuana are protected from prosecution whether or not they have medical marijuana ID cards.

However, ID cards are a quick and easily verifiable means for patients to prove that they qualify under the state's medical marijuana law. Many patients find that the cards protect them from harassment and even arrest. The California bill that established the registry ID program explicitly provided that patients with ID cards are protected from arrest. However, courts have interpreted the vague language of California's medical marijuana initiative ­ Prop. 215 ­ to protect patients from conviction and to warrant a dismissal of charges, but not to completely protect patients from arrest.

Thanks again for your efforts and your support of the Marijuana Policy Project. We'll continue to keep you posted about the implementation of California's registry ID program and other marijuana policy reform developments.

Karen O'Keefe, MPP legislative analyst

posted by LoZo 7:20 PM