CA State ID Program

[JJ Bones]

I've always had certain questions pertaining to the program. I've heard two sides of the story when it comes to just your paper rec, a medicann card (for example), and a state id mmj card.

Some said you don't really need the State card, and argued your on a state database which could potentially put you at risk if the DEA were to subpoena the list.

Some said it's no big deal and that won't happen. They say get the State card because its makes you more "legit".

Well I contacted my counties health department via e-mail to get some answers and ended up receiving clarity after being referred to a State HD rep. Here is the e-mail below: (I'm a bit stoned to be honest, and don't feel like summing it all up, so I just busted a ctrl+c & ctrl+v real quick, I figure whoever is really interested like I was will read it all, lol.)

Mary,

I am curious about the State medical marijuana ID program. I am a current patient and have some questions pertaining to the program. I've heard from a few folks who are also members that people working at the health department and even police officers have claimed the State card is the only one which protects a patient from prosecution, and in some cases arrest. Is this correct?

Any information you can provide regarding legality is greatly appreciated. I just want to be sure I am abiding by state law properly.

Thank you
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Thank you for you inquiry.
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You are correct.- Patients with a doctor's recommendation (to use the medicine of marijuana with limited use stipulations provided by your doctor) and who hold a State ID card are not prosecuted in California.
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Mary
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Mary,

Thank you for the response. I'm still a bit confused in regards to the true legalities pertaining to the State ID card.

Senate Bill 420 states that the program is voluntary, not mandatory for patients.

Proposition 215 states persons are protected from possession or cultivation of marijuana so long as they have received a written or oral recommendation from a valid CA physician.

Police officers don't seem to be very educated on the true legalities involved, I understand when they are presented with a patients State ID card, it has a more "professional" look. However if still arrested or given a citation will a Monterey County judge ONLY recognize the State ID as valid, or will simply having a written document from a physician/doctor be sufficient to protect a person from prosecution.

I'm also curious what the CA health department would do in if it were subpoenaed by the DEA to release the database of persons on the State ID program. Is there a written policy or procedure?

I appreciate your help with this. The legalities involved seem to be such so gray, so understanding my true rights and liberties is important to me, as I'm sure it is to any other medical patient.

Respectfully,

JJ Bones
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Hi Paula and Vanessa,
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Can one of you respond to this patient's questions with a more accurate reply than mine would be, perhaps? Thanks so much for your help.
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Mary
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Hello,
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Mary Brownrigg asked me to respond to your questions. I am with the California Department of Public Health, Medical Marijuana Program.
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The State Medical Marijuana ID Card under Senate Bill (SB) 420 is voluntary to the patient, and only the patient's letter of recommendation from the physician is required. There is some confusion for law enforcement regarding SB 420. The physician's letter should be sufficient if presented in court under the law unless there is suspicion of fraud or if you are in possession of large amounts of marijuana which may make law enforcement suspect marijuana for sale.
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California Department of Public Health does not receive any personal information regarding patients and there is no database, so there is nothing to subpoena. The County Public Health Department would be in possession of personal information such as the application. All information is protected under HIPAA laws and cannot be released without the patient's permission, or a subpoena. This would be no different then what would happen with your physician's office if subpoenaed.
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Please let me know if you have any further questions.

Thank you,
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Paula Buckingham
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Paula,

"All information is protected under HIPAA laws and cannot be released without the patient's permission, or a subpoena."

"...so there is nothing to subpoena."

Is it possible to subpoena the applications?

Overall your last answer gave me clarity to many things, I appreciate your help.

Best Regards,
JJ Bones
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You're welcome. They could subpoena the application from the County Public Health Department just as they could for your medical records indicating that you had a recommendation of the use of medical marijuana to treat any qualifying condition for which your physician wrote. It would be they same.
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I hope this helps to answer your questions.
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Paula
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Sorry, I meant to add that the State Department of Public Health has nothing that could be subpoenaed since we receive no personal information from the county.
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Hope this might clarify a few things for anyone else who wondered the same things I did.

 

[Wingman420]

Hey JJBones for sharing this valuable info.

+Rep

 

[JJ Bones]

Hey JJBones for sharing this valuable info.

+Rep

No problem Wingman. I'm very impressed by the State HD, or at least this woman Paula for being so kind and responding very quickly. I'm still sending her certain questions I have lol, hopefully I don't bug her to death.

 

[Hogdady]

Great info, thx for posting it.

 

[Atomic Evening]

Thanks for posting this valuable information. It answered a lot of questions I had about the Medical ID Card in California.

Now, Should I get one? I was always worried about the legal ramifications involved on being on a "list" but it would appear that they don't have one.

Also, does anyone know if applying for a MMID would afftect my SSDI or my SSDI (computer cross checking, etc)

Thanks,

King Louis Gal (love the xiii)

 

[McCrackin]

Language pulled directly from:
People v. Kelly, SECOND APPELLATE DISTRICT, DIVISION THREE, CASE NO. B195624 (Los Angeles County Super. Ct. No. VA092724), Certified for partial publication…
“The CUA provides that the offenses of possession and cultivation of marijuana shall not apply to a patient who possesses or cultivates marijuana for his or her personal medical purposes upon the recommendation or approval of a physician. (§ 11362.5, subd. (d).) The CUA does not quantify the marijuana a patient may possess. Rather, the only “limit” on how much marijuana a person falling under the Act may possess is it must be for the patient’s “personal medical purposes.”
Nevertheless, the CUA does not give patients a free pass to possess unlimited quantities of marijuana. (People v. Trippet (1997) 56 Cal.App.4th 1532, 1549.) Rather, the “rule should be that the quantity possessed by the patient or the primary caregiver, and the form and manner in which it is possessed, should be reasonably related to the patient’s current medical needs.”
In order to avoid any legal challenges, it is important to make a distinction between “qualified patient” (which applies to all patients) and “persons with identification cards.”(Assem. Com. on Pub. Safety on Sen. Bill No. 1494 (2003-2004 Reg. Sess.) June 8, 2004; see also Sen. Health and Human Services, com. on Sen. Bill No. 1494 (2003-2004 Reg. Sess.) Mar. 24, 2004 [the change effected by the MMP “could be viewed as an unlawful amendment to Proposition 215, an initiative that did not provide a mechanism for amendments”].)
The Compassionate Use Act allows a person to possess or cultivate marijuana for personal medical purposes when a physician has recommended or approved such use. The amount of marijuana possessed or cultivated must be reasonably related to the patient’s current medical needs. The People have the burden of proving beyond a reasonable doubt that the defendant was not authorized to possess or cultivate marijuana for medical purposes.”
(Remember that this is after you get arrested and prosecuted, and have to defend in court. A better way would be to avoid all this by keeping the #’s low, below 6 plants, to stay within the confines of the established limits.)

 

[Julie Gardener]

^^ Great info! ^^

 

[annashaMan]

Thanks for the info. Great information.

 

[Bruce Wheelman]

One of the potential problems is that while we are patients, the doctors recommendation is just that - a recommendation, as opposed to a prescription. Certain cities LEO's are trying to get the patient info stating that HIPAA doesn't apply since there is no prescription being written.

Just another potential loop-hole for the cops to try to skirt the will of the people.

and

 

[KatharsisAmok]

One of the potential problems is that while we are patients, the doctors recommendation is just that - a recommendation, as opposed to a prescription. Certain cities LEO's are trying to get the patient info stating that HIPAA doesn't apply since there is no prescription being written.

Just another potential loop-hole for the cops to try to skirt the will of the people.

and

That's a good piece of info to share. There will always be jerks out there looking for ways to screw people over.

 

[JJ Bones]

To be honest I don't think the HIPAA laws would help much anyhow. A federal law protecting something that is against federal law would be all the logic a federal judge would need to go the sour route, IMO.

 

[JJ Bones]

Got my state card this past Friday

 

[MrPeab]

This is a GOOD site. California Department of Public Health - Medical Marijuana Program. It has all of the information regarding the State ID Card Program, all County locations, application forms, FAQ's, number of cards issued yearly by County from 2004 to current. This site has a plethora of information.

MedicalMarijuanaProgram

 

[JJ Bones]

Man, I'm stoned and just noticed I posted exactly one year after my last post...when I mentioned getting my state card, nuts.