IT'S THE LAW; HIGH TIME TO ISSUE CARDS

It's hard to believe that a county looking at all possible ways to
cut expenses has resources to waste on a losing court battle, but
that would seem to be the case in Solano County.

Last week, the Board of Supervisors and the Health and Social
Services Department were sued because Solano continues to disregard a
state law that requires counties to issue identification cards to
patients whose physicians legitimately prescribe marijuana for a
serious medical condition.

The Legislature in 2003 passed the law requiring counties to issue
the cards to clarify issues raised after voters approved Proposition
215, the Compassionate Use Act of 1996. Some 55 percent of Solano
County voters joined the majority of Californians in approving that initiative.

And yet Solano County has steadfastly refused to follow state law on
the matter.

The last time supervisors voted on the issue, in 2006, the sentiment
was that the board should wait until a San Diego County lawsuit
concerning the legality of the state law was settled.

As it turns out, San Diego, which also does not wish to issue the
cards, lost its case. The Superior Court upheld the validity of
state-issued medical marijuana cards and the state Court of Appeal
and Supreme Courts declined to hear any challenge of the ruling. The
final rejection came in October.

In August and again in October, the plaintiffs in the newest lawsuit,
Americans for Safe Access, formally asked Solano County to establish
a medical marijuana ID program. The plea fell on deaf ears, so the
organization turned to the courts.

It is hard to imagine that judges are going to find in Solano's
favor, considering not only the recent Supreme Court action but also
an opinion by Attorney General Jerry Brown and instructions by the
state Department of Public Health, both requiring counties to provide
the cards.

But it is easy to imagine that the courts will order the county to
pay the plaintiff's attorney fees.

More to the point, it is foolish for the county not to issue the
cards, which are specifically designed to help law officers identify
who has a legitimate prescription for medical marijuana.

Statewide, 41 of the 58 counties now issue the cards. Six more --
including neighboring Sacramento and San Joaquin counties -- are
expected to implement the ID program this fiscal year. Solano is
among only 11 holdouts.

There are times to pick your battles, but Solano County should
abandon this one. Regardless of how the supervisors may feel about
medical marijuana, the fact remains that the law is on the books.

Issue the cards.