MEDICAL POT USAGE CHECK SIMPLIFIED

Marin County authorities have implemented a new medical-marijuana program
that allows police to confirm a patient's medical need on the spot, sparing
legitimate users the possible ordeal of arrest and confiscation.

Under the new policy, announced by the District Attorney's Office and the
Department of Health and Human Services, medical marijuana users will be
able to register with the health department and receive a special photo
identification card and serial number.

Police who contact marijuana users in the field will be able to call into
central dispatchers to confirm the patients' registration, but they will
not have access to their personal information.

Sheriff Robert Doyle, the 10 municipal police chiefs and College of Marin
police Chief Charles Lacy all have agreed to abide by the new policy.

Unlike medical-marijuana policies in other counties, the Marin policy will
place no guidelines on how many plants or pounds or marijuana cigarettes a
patient can possess.

"Our new policy eliminates the number of plants and bases everything on
medical need," District Attorney Paula Kamena said. "If the person is
contacted and they present a Marin County card to a Marin County local
police officer, and they say, 'Here, here's my medical marijuana card,' the
officer will have a number to call where he can verify the card number."

The county had tried issuing ID cards before to accommodate Proposition
215, the voter approved initiative that endorsed medical use of marijuana
to alleviate AIDS, cancer and other conditions. The ID cards were meant to
dispel confusion over patients' medical authorization to use marijuana, but
most medical pot users in Marin feared it would make it easier for police
to bust them, and few cards were issued.

The new program is voluntary, and those who choose not to participate may
still be able to back up their claims with other medical documentation. But
the county registration system will be less trouble for everyone involved,
authorities said.

"What we're trying to do is make it easier for those with legitimate
needs," Assistant District Attorney Ed Berberian said. "It's a way for them
to quickly verify you have a documented need for the drug."

"It should be problem-free," said Dr. Larry Meredith, director of the
Department of Health and Human Services. "It's all very clear, it's all
very consistent with the enabling legislation. It seems to be an approach
that the police forces in the county are comfortable with."

Twin Cities police Chief Phil Green agreed.

"I think it'll make it easier on everyone involved, and eliminate any
unnecessary time and investigation," he said.

Authorities said the ID card will not be a free pass to commit crimes.
Police will still have the discretion to investigate whether a patient is
selling the marijuana, or arrest patients for other suspected crimes.

"As far as the quantity, it would have to be some major amount for us to
conduct an investigation," Green said.

Lynnette Shaw, who runs the Marin Alliance for Medical Marijuana, the pot
club in Fairfax, applauded the new initiative. Shaw, who led a recall drive
last year against Kamena over her marijuana policies, said the new program
may head off another recall effort in the future.

The 2000 recall bid failed dramatically, but the election still cost the
county about $500,000.

"I'm very pleased the policy has changed to accommodate all the demands and
requests the medical marijuana community had made," she said. "Obviously
the recall had the impact desired. ...

"They were attempting to force people to manditorily register. They were
taking everyone's pot, running them through the wringer and not respecting
the fact they were sick."

Thomas Van Zandt, the Mill Valley attorney who tried to unseat Kamena in
the recall election, said the new policy appears to be "comprehensive."

"It looks like it addresses some legitimate concerns, and I think it should
be submitted to the Legislature for consideration as a state law," he said.
"It should not be implemented on a county-by-county basis."

For more information, call the health department at 499-3288.