SUPERVISOR PROPOSES IDS FOR POT USERS

But Sheriff Opposes Idea, Says It Could Lead to Recipients Abusing Medical
Marijuana Law

Alameda County Supervisor Nate Miley wants to make it easier for medical
marijuana users to prove they have a legitimate need for the drug.

He's proposing an ordinance that allows them to apply for medical marijuana
identification cards.

But Miley is running into roadblocks from county law enforcement officials
- -- the very people he is hoping will go easier on medical marijuana users.

"It raises so many issues, we're not going to support it," said Sheriff
Charles Plummer.

Plummer, who acknowledges he voted for Prop. 215, which allows the use of
marijuana for medical reasons, said he now believes the measure was flawed.

He said he opposes the proposed ordinance for two reasons: the American
Medical Association doesn't approve the use of pot to treat illnesses and
such use violates federal law.

District Attorney Tom Orloff's position isn't so clear cut. His office is
suggesting ways to tinker with the proposal to make it a model ordinance
that other counties in the state could emulate.

Miley's proposal, which came before the Alameda County Board of
Supervisors' Public Protection Committee earlier this week, must be
reviewed further by the committee before it is forwarded to the full board
for a decision.

"Law enforcement is concerned with abuses of (Prop.) 215," said Joe
DeVries, field director for Miley. "We are, too."

DeVries, who said his office has been trying to get the proposal to the
board committee since April, was frustrated by the latest delay. The plan went

before the Public Protection Committee on Monday and the board Health
Committee the previous week.

Essentially, Miley's proposal would allow medical marijuana users in the
county to apply for identification cards so if they're stopped by police,
they could avoid being hassled. The patients' main caregivers who often
grow and transport the pot also would be entitled to get identification cards.

But on this point, the District Attorney's Office disagrees.

Jeff Rubin, the deputy district attorney who wrote an eight-page response
to the proposal, said state law allows only one primary caregiver, not a
group of caregivers.

DeVries said, however, that many patients have more than one caregiver.

Rubin said his office also wants the county public health department to
administer the program rather than an outside marijuana advocacy group,
which could be viewed as biased. Miley's proposal calls for the health
department to oversee the program, but an outside agency to actually run it.

Another dispute centers on the issue of confidentiality.

Rubin wants police who stop a medical marijuana user to be able to call a
24-hour phone line to verify the patient's illness and amount of marijuana
he or she is supposed to be using.

But DeVries said his office balks at the idea of releasing patient
information, saying, "I don't think law enforcement should have access to
medical records. Orloff wants to get records without a court order."

Miley's proposal does call for a 24-hour verification phone number that
would allow police to determine whether a person is legally entitled to
possess medical marijuana.

Rubin said his agency also wants applicants for the cards to name the
specific illness to be treated, a reference to the medical literature that
supports the use of pot for that ailment and the daily, weekly or monthly
amount of dosage with the recommended method of ingestion.

His office wants to avoid abuses by people "getting recommendations (for
cards) who just want to smoke dope, or have some kind of defense if they're
selling marijuana."

"I would say I'd be anxious to see a model ordinance, but we ain't got it
yet," Plummer said.

He said his deputies generally don't arrest people who have a couple of
joints anyway. Rubin concurs that prosecutors don't see many cases
involving small amounts of marijuana.

The board's Public Protection Committee has asked Miley to poll officials
with the county's 14 cities to see what they think about the proposal.

Supervisor Gail Steele, a committee member, supports the medical marijuana
user identification card, but wants to know what would stop a caregiver
from "supplying the whole neighborhood."

Supervisor Scott Haggerty, who also sits on the committee, wasn't available
for comment.