MEDICAL MARIJUANA AND THE LAW

Re "Pot ID Card Program Shelved," July 9:

There are two reasons I am surprised that California Department of Health
Services officials have shut down a medical marijuana identification
program on the basis of a conflict with federal law. First, I thought
Article III, section 3.5(c) of the Constitution of California prevented
state officials from refusing to enforce valid state laws on the basis that
there is a conflict with federal law (only an appellate court can hold that
a conflict with federal law prevents compliance with state law).

Second, as the article points out, even though the identification cards
have been mandated since 2003, only 123 cards in three counties have been
issued. If the estimate of 100,000 medical marijuana patients in the state
is correct, then only .001% of the Californians who should benefit from
this program have been served.

This begs the question: How can a program be shut down before it really
started?

Kenneth Michael White

Attorney, Upland