Pubdate: Sat, 16 Jul 2005
Source: Los Angeles Times (CA)
Copyright: 2005 Los Angeles Times
Author: Kenneth Michael White
Bookmark: (Cannabis - California)
Bookmark: (Cannabis - Medicinal)


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 

Kenneth Michael White

Attorney, Upland
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