Pubdate: Tue, 11 Jun 2002
Source: Marin Independent Journal (CA)
Copyright: 2002 Marin Independent Journal
Contact:  http://www.marinij.com/
Details: http://www.mapinc.org/media/673
Author: Gary Klien
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)

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.
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