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
---------------------------------------------------
Thank you for you inquiry.
-
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.
-
Mary
---------------------------------------------------
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
---------------------------------------------------
Hi Paula and Vanessa,
-
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.
-
Mary
---------------------------------------------------
Hello,
-
Mary Brownrigg asked me to respond to your questions. I am with the California Department of Public Health, Medical Marijuana Program.
-
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.
-
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.
-
Please let me know if you have any further questions.
Thank you,
-
Paula Buckingham
---------------------------------------------------
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
---------------------------------------------------
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.
-
I hope this helps to answer your questions.
-
Paula
---------------------------------------------------
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.
______________________________________
Hope this might clarify a few things for anyone else who wondered the same things I did.
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
---------------------------------------------------
Thank you for you inquiry.
-
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.
-
Mary
---------------------------------------------------
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
---------------------------------------------------
Hi Paula and Vanessa,
-
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.
-
Mary
---------------------------------------------------
Hello,
-
Mary Brownrigg asked me to respond to your questions. I am with the California Department of Public Health, Medical Marijuana Program.
-
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.
-
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.
-
Please let me know if you have any further questions.
Thank you,
-
Paula Buckingham
---------------------------------------------------
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
---------------------------------------------------
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.
-
I hope this helps to answer your questions.
-
Paula
---------------------------------------------------
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.
______________________________________
Hope this might clarify a few things for anyone else who wondered the same things I did.