STATE RESUMES ID CARD PROGRAM FOR MEDICAL POT

Despite Top Court Ruling, Lockyer Concludes Such Certification
Doesn't Violate Federal Law

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.

"We believe the federal government cannot enforce federal criminal
laws against state officials who merely implement valid state law,"
Renner wrote in an eight-page letter to Shewry's legal office.

Among the legal arguments weighing against federal prosecution of the
state for its ID card program was a 3-year-old decision by the Ninth
U.S. Circuit Court of Appeals in San Francisco, holding that doctors
could not be prosecuted for recommending medical marijuana.

The letter also advised that failure to implement the law out of
concern that it might violate federal statutes would go against the
California Constitution.

"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," Renner wrote.

Shewry had also raised a concern that the information gathered by the
state from medical marijuana card applicants might be subpoenaed by
federal prosecutors and used against those patients. Here, Renner
concluded that there was such a risk -- and he agreed with a state
suggestion that applicants be notified that the information on their
forms might be used against them, should the federal government
decide to go after them.

Department of Health Services spokesman Ken August said the program
will restart immediately in three counties -- Amador, Del Norte and
Mendocino -- that were part of a pilot project and that applicants
will be advised of the federal risk. Plans call for the program to be
rolled out statewide next month.

Federal authorities have repeatedly said they do not intend to
prosecute individual medical marijuana users, and August indicated
there has been no demand for the state to supply information from the
ID card program. "Not so far," he said.

Valerie Corral, executive director of Wo/Men's Alliance for Medical
Marijuana, praised the decision to restart the program. "It is
extremely important that the state support the efforts of our task
force that worked for three years to set up these regulations," she said.

WAMM, as the Santa Cruz organization is called, had threatened with
the American Civil Liberties Union to challenge the suspension of the
program in court. "Political pressure always helps," she said.

Advocates for medical marijuana say as many as 100,000 Californians
use pot to treat their illnesses.

The program is modeled after similar ID card systems set up in many
California counties, including San Francisco. Although the state ID
card offers no legal advantage over a county one, Corral said her
organization is urging patients to get the state card to show
strength in numbers.

"As a political statement, it is most important," she said.