Pubdate: Fri, 18 Feb 2005
Source: Alameda Times-Star, The (CA)
Copyright: 2005 MediaNews Group, Inc. and ANG Newspapers
Contact: http://www.timesstar.com/Stories/0,1413,125%257E1524%257E,00.html
Website: http://www.timesstar.com/
Details: http://www.mapinc.org/media/731
Author: Rebecca Vesely
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

PATIENTS SUE OVER MARIJUANA SEIZURE

Advocates Hopeful Medical ID Cards Will Stop Highway Patrol Actions

Medical marijuana patients are suing the California Highway Patrol to stop 
officers from confiscating the drug from motorists who have a doctor's 
permission to use it.

The lawsuit was filed in state court Tuesday by Americans for Safe Access, 
a Berkeley advocacy group, on behalf of eight patients. The suit also names 
Gov. Arnold Schwarzenegger and Attorney General Bill Lockyer.

But later this year users of medical marijuana will be able to apply for a 
state-issued ID card aimed to protect them from such seizures.

Proposition 215, passed in 1996, allows California patients with chronic 
illnesses to use marijuana if recommended by a doctor. The patients suing 
CHP contend that officers confiscated marijuana in violation of that law.

One plaintiff, Mary Jane Winters of Humboldt County, is a registered nurse 
who uses marijuana for chronic pain caused by three herniated discs. She 
was pulled over by CHP on Thanksgiving Day for speeding, and the officer 
seized 2 ounces of the drug, though Winters had a physician's note, 
according to the lawsuit.

There is currently no way for officers to verify that a motorist has 
legitimate permission to use the drug, said CHP spokesman Steve Kohler. 
CHP's official policy is to seize marijuana, an illegal drug under federal 
law,Advocates sue over marijuana seizures he said.

That will change later this year, when the California Department of Health 
Services begins issuing ID cards to people with a doctor's permission to 
use marijuana for medical conditions.

The voluntary ID card program, created in a 2003 law, SB 420, intends to 
protect medical marijuana patients from being arrested or having their 
medicine seized by law enforcement.

CHP will honor the ID cards once they are issued, Kohler said.

A pilot project will roll out in 10 counties this summer, including Marin 
and Santa Cruz. The state's remaining counties will have the ID program 
running by the end of the year, said Norma Arceo, a Department of Health 
Services spokeswoman.

It's yet unknown how many Californians are eligible for the ID card. The 
department was appropriated $983,000 in startup funding and has hired eight 
full-time staffers to run the program, which includes a Web site and 
toll-free number where law enforcement can check the validity of a person's 
ID card, Arceo said.

The cost of the ID card will likely be $10 to $15 a year, with additional 
fees from county health departments, Arceo said. The ongoing cost of the 
program likely will be covered by the cardholder fees.
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MAP posted-by: Beth