Voluntary State ID Card System
Identification cards under the new state program are issued by county health departments. There are registration fees to cover the costs of the program, with a 50% discount for Medi-Cal patients. Registrations will be valid for one year. There will be a 24-hour telephone hot-line by which law enforcement can verify the validity of the cards. The system is designed with safeguards to protect patient privacy like the current San Francisco and Oakland ID card system. Police will not be able to identify whether persons are medical marijuana patients by their name or address, but only by a unique identification number appearing on their card. Although some patient advocates have expressed qualms about the privacy of the new identification system, California NORML recommends that patients register to protect themselves from arrest. Similar ID card programs have been in effect in other states for several years, with no reports of abuse.
Abuse was found in Mendocino County California, when then Sheriff Craver required patients to pick up their cards at his sheriffs station. This was where convicted rapists and drug offenders had to get their criminal registration cards. Here, then, the marijuana patients were subjected to abuse by the local law enforcement, as the state Department of Health was not involved with card distribution at that time. Patients, who had been assured that no centralized database would ever be created with their personal information, were themselves witness to that part of SB 420's irregularity.
Persons designated as "primary caregivers" are also eligible for ID cards. Each patient may designate a single caregiver. Caregivers may receive reasonable compensation for their services. However, cultivation or distribution "for profit" are not authorized.
In a quirky provision, SB 420 forbids caregivers from having more than one patient unless all of them reside in the same "city or county" as the caregiver. This means that no one may be a caregiver for both a spouse and a parent if they happen to reside in different counties. California NORML attorneys believe that this is an unconstitutional restriction on Prop 215 and intends to challenge it in court.
In 2006, San Diego County was sued for refusing to implement an ID card system as required under SB 420. In response, San Diego County filed a lawsuit against the State of California to overturn Prop. 215 and SB 420. San Diego Superior Court Judge, William R. Nevitt Jr. struck down San Diego's claim in the court's December 6, 2006 ruling. San Diego County filed an appeal in the case. The appeal was on August 1, 2008, and was thrown out again on the basis that the counties did not have the authority to make a case against the state. The counties do, however, have the right to make an appeal about the statutes in SB 420 that deal with the issuing of identification cards, as this task is placed upon the counties and affects their taxes. San Diego County along with San Bernardino County appealed to the United States Supreme Court. On May 18, 2009 that appeal was denied.
Currently, there are only two counties that submit information anonymously to the state, Santa Cruz and San Francisco. All the other counties submit patient information to the state patient database.
Read more about this topic: California Senate Bill 420
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