STATE RESUMES MEDICAL MARIJUANA ID CARD PROGRAM

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.