Pubdate: Wed, 09 Jan 2013
Source: Ukiah Daily Journal, The (CA)
Copyright: 2013 The Ukiah Daily Journal
Contact: http://www.ukiahdailyjournal.com/feedback
Website: http://www.ukiahdailyjournal.com/
Details: http://www.mapinc.org/media/581
Author: Tiffany Revelle

MENDOCINO COUNTY OKS MEDICAL MARIJUANA ORDINANCE REVISION

The Mendocino County Board of Supervisors on Tuesday approved a 
change to the county's federally-scrutinized medical marijuana 
ordinance, Chapter 9.31 of the Mendocino County Code, which calls 
information generated by and obtained under the law confidential.

As it was originally proposed, the change would have called the 
information gathered and used under 9.31 confidential medical 
information, but the board removed the language that refers to 
medical marijuana use.

The change originally proposed read, in part, "... the County of 
Mendocino Board of Supervisors hereby finds and declares that all 
medical marijuana use information received by and/or generated by the 
operation of Chapter 9.31 has always been intended to be treated and 
held by the County of Mendocino as confidential medical information 
to the fullest extent authorized by California and Federal law from 
2008 to the present as well as prospectively."

The adopted change removes the phrases "medical marijuana use" to 
make the new section read "... all information received by ..." and 
removes the word "medical" from the last part of the sentence, so it 
says the information is "... to be treated and held by the County of 
Mendocino as confidential information ..."

"Is this really necessary?" 3rd District Supervisor John Pinches 
asked, referring to the original language, asking if federal Health 
Insurance Portability and Accountability Act (HIPAA) didn't already 
make the information confidential.

County Counsel Tom Parker answered that "HIPAA does not provide that 
kind of coverage from a legal perspective."

He said the county was instead relying on Proposition 215, the 
Compassionate Use Act of 1996, which he said specifies that "medical 
marijuana information is medical information and is confidential."

Until March 2012, following a threat of federal litigation, medical 
marijuana collectives could apply to the Mendocino County Sheriff's 
Office for permits to grow up to 99 plants, an exemption from the 
county's limit of 25 plants per parcel. The U.S. Attorney's Office in 
October issued subpoenas for records the county keeps regarding 9.31.

The ordinance was originally adopted in 2008, then revised in 2010, 
2011 and 2012.
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