The Lake County Record-Bee wrote:Supes may pull out of pot card program By Tiffany Revelle -- Record-Bee staff
Record BeeArticle Last Updated: 02/14/2007 10:25:33 PM PST
LAKEPORT -- Faced with a state mandate that would raise the cost of a medical marijuana ID card by as much as 185 percent, the Lake County Board of Supervisors considered pulling out of the state run program Tuesday.
County Health Services Director Jim Brown said he was notified by the state Department of Health Services of the need for the increase in a Dec. 27 letter, saying it "was a surprise to us."
By lack of action, the BOS did not approve the proposed increases that would have brought the cost of a medical marijuana ID card (MMIC) up to $100 for a MediCal beneficiary and $200 for a non-MediCal beneficiary.
As of March 1, the state will charge the county $142 for a card issued to a non-MediCal beneficiary, up from the current $13, and $71 for a MediCal beneficiary.
The need for the increases was to comply with a Health and Safety Code section of Senate Bill 420, passed by California voters in 2003 and signed into law in January 2004. Lake County became the 26th out of California's 58 counties to make the voluntary identification card program available to medical cannabis patients and comply with SB 420 in November when the BOS adopted an ordinance to set up county administration of the cards.
Dist. 1 Supervisor Ed Robey pointed out that approximately 30 counties are still not in compliance with SB 420, saying it was unfair of the state to hand down the administrative cost of the ID card program to the limited number of participants.
HS Director Brown cited a $1 million loan the state department took out to put in a computer system to manage a data base for the patient ID cards. "I think only about 9,000 cards have been issued statewide, and the state had anticipated about 150,000 cards, so they were anticipating a bigger amount of money coming in," said Brown.
He confirmed Wednesday that four Lake County residents had inquired with the county department about obtaining a medical marijuana identification card.
Dist. 3 Supervisor Denise Rushing pointed out that logic would dictate even further hikes in the future if participation stayed as low.
Robey called the fee hike "counterproductive and not what the leg intended in the first place," and recommended the board not issue the cards and contact state representatives about financial assistance to make the program viable for participants.
"I just don't like the state putting us in the position of being the bad guy for a program that they started, didn't make sure was implemented in a timely fashion, and they don't seem to be able to control it," said Robey.
One possible alternative was the development of a locally issued form of identification for medical cannabis patients that would help local law enforcement identify legal users and avoid unnecessary arrests.
"It's 125 fine to get busted for less of an ounce of marijuana right now," said Finley resident Phil Murphy, who got up three times to speak to the board on the matter. "It's cheaper just to pay the fine than it is to get the card. And it's just a misdemeanor. So you're better off from a standpoint of paperwork and money just to get busted and pay the fine," added Murphy.
He urged the board not to issue the cards, saying the state system was "doomed to fail," and the cost of a card "an insult" to a patient in need of medical marijuana.
The county ordinance currently in place charges $70 per card to cover the county's and state's cost for staff time and software required to support a state-maintained database meant to protect legal marijuana users under Prop. 215.
Also known as the Compassionate Use Act, Prop. 215 was passed in 1999 by 56 percent of California's voters. The law protects medical cannabis patients who have a recommendation from a licensed physician by removing state-level criminal penalties for possession, use and cultivation of medical marijuana.
The law did not, however, give guidelines for the amount of medical marijuana patients could have in their possession.
SB 420 set a minimum guideline of six mature plants or 12 immature plants, and up to eight ounces of processed cannabis flowers, according to California legislature (HS 11362.77).
HS Director Brown said Wednesday he was hoping to set up an afternoon meeting with County Council Anita Grant regarding what the county's next steps should be, and would bring the issue back before the board. Until a more concrete decision is made, said Brown, the state fee for cards issued is set to increase March 1.
No cards have been issued so far, as the county has not heard back from the the state Department of Health Services regarding its attempt to comply with SB 420.
Contact Tiffany Revelle at
trevelle@record-bee.com.