Pubdate: Tue, 13 Jan 2009
Source: Times-Herald, The (Vallejo, CA)
Copyright: 2009 The Times-Herald
Contact:  http://www.timesheraldonline.com/
Details: http://www.mapinc.org/media/993

IT'S THE LAW; HIGH TIME TO ISSUE CARDS

It's hard to believe that a county looking at all possible ways to 
cut expenses has resources to waste on a losing court battle, but 
that would seem to be the case in Solano County.

Last week, the Board of Supervisors and the Health and Social 
Services Department were sued because Solano continues to disregard a 
state law that requires counties to issue identification cards to 
patients whose physicians legitimately prescribe marijuana for a 
serious medical condition.

The Legislature in 2003 passed the law requiring counties to issue 
the cards to clarify issues raised after voters approved Proposition 
215, the Compassionate Use Act of 1996. Some 55 percent of Solano 
County voters joined the majority of Californians in approving that initiative.

And yet Solano County has steadfastly refused to follow state law on 
the matter.

The last time supervisors voted on the issue, in 2006, the sentiment 
was that the board should wait until a San Diego County lawsuit 
concerning the legality of the state law was settled.

As it turns out, San Diego, which also does not wish to issue the 
cards, lost its case. The Superior Court upheld the validity of 
state-issued medical marijuana cards and the state Court of Appeal 
and Supreme Courts declined to hear any challenge of the ruling. The 
final rejection came in October.

In August and again in October, the plaintiffs in the newest lawsuit, 
Americans for Safe Access, formally asked Solano County to establish 
a medical marijuana ID program. The plea fell on deaf ears, so the 
organization turned to the courts.

It is hard to imagine that judges are going to find in Solano's 
favor, considering not only the recent Supreme Court action but also 
an opinion by Attorney General Jerry Brown and instructions by the 
state Department of Public Health, both requiring counties to provide 
the cards.

But it is easy to imagine that the courts will order the county to 
pay the plaintiff's attorney fees.

More to the point, it is foolish for the county not to issue the 
cards, which are specifically designed to help law officers identify 
who has a legitimate prescription for medical marijuana.

Statewide, 41 of the 58 counties now issue the cards. Six more -- 
including neighboring Sacramento and San Joaquin counties -- are 
expected to implement the ID program this fiscal year. Solano is 
among only 11 holdouts.

There are times to pick your battles, but Solano County should 
abandon this one. Regardless of how the supervisors may feel about 
medical marijuana, the fact remains that the law is on the books.

Issue the cards.
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MAP posted-by: Keith Brilhart