Pot times July 16, 2005

Medical Marijuana And The Law

URL: http://www.mapinc.org/drugnews/v05/n1122/a08.html
Newshawk: Herb

Pubdate: Sat, 16 Jul 2005
Source: Los Angeles Times (CA)
Copyright: 2005 Los Angeles Times
Contact: letters@latimes.com
Website: http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Kenneth Michael White
Referenced: http://www.mapinc.org/drugnews/v05/n1093/a09.html?93210
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA AND THE LAW

Re "Pot ID Card Program Shelved," July 9:

There are two reasons I am surprised that California Department of Health Services officials have shut down a medical marijuana identification program on the basis of a conflict with federal law.  First, I thought Article III, section 3.5© of the Constitution of California prevented state officials from refusing to enforce valid state laws on the basis that there is a conflict with federal law ( only an appellate court can hold that a conflict with federal law prevents compliance with state law ).

Second, as the article points out, even though the identification cards have been mandated since 2003, only 123 cards in three counties have been issued.  If the estimate of 100,000 medical marijuana patients in the state is correct, then only .001% of the Californians who should benefit from this program have been served.

This begs the question: How can a program be shut down before it really started?

Kenneth Michael White

Attorney, Upland