Background on California's ID Card Program

Upon passage of SB 420, the California legislature called for the implementation of a statewide, voluntary medical marijuana ID card program. All California counties are required to implement their own county-administered ID card program. Identification cards can assist law enforcement in more easily verifying patient status, and for that reason it can afford better protection if a patient encounters police (i.e. it may prevent citation, arrest, or confiscation of one's medical marijuana).

ASA supports the ID card program to the extent it can provide enhanced protection for patients and caregivers from law enforcement interference. However, a physician's recommendation is still all one needs to be considered a qualified patient, with statutory rights under the law.

A pilot state ID card program was implemented in May 2005, after Governor Schwarzenegger approved funding to begin the program. At that time, the California Department of Health Services (DHS) issued a handbook to all counties, which outlined the protocols the state expected local county departments of public health to follow.

Review the handbook issued by DHS to all county departments of public health.

In August 2005, DHS rolled out its formal statewide ID card program, and encouraged counties to begin local implementation. Refer here for a complete listing of participating counties, location of ID card program sites, and hours of operation.

Suspension and Reimplementation of ID Card Program

On July 8, 2005, DHS suspended California's voluntary ID card program. This action was taken ostensibly to obtain clarification from Attorney General Bill Lockyer in the form of a legal opinion after the U.S. Supreme Court ruled in Gonzales v. Raich.

A week later, on July 15, 2005, the Attorney General of California issued a legal opinion that affirmed the state's medical marijuana law and its voluntary ID card program. The Attorney General did not find that the program was tantamount to aiding and abetting patients in obtaining their medicine, and concluded that, "DHS must comply with the Health and Safety Code."

Subsequently, on July 19, 2005, a press release and letter was issued by DHS to all county health directors, indicating the reimplementation of the program. Included in the letter and information disseminated by DHS was the admission that, "information received from applicants for identification cards may be obtained by federal officials to identify them for prosecution." Because of this vulnerability, DHS stated that it was modifying the ID card application form to explain to applicants that "possession of marijuana remains a federal crime and information provided by them could be used in a federal prosecution."

This admission of vulnerability was enough for ASA to launch a campaign to better protect patient confidentiality (see our action alert ).