Santa Cruz County Handling Of Medical Pot Records Praised

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For medical marijuana patients, it might not be paranoia anymore -- they really could be out to get you.

Recent revelations that a federal grand jury subpoenaed Mendocino County medical marijuana records as part of an ongoing probe have placed the handling of potentially sensitive patient records under a spotlight, bringing long-standing concerns about leaving a paper trail in an uncertain legal environment to the forefront once again.

But anticipating just such a scenario, Santa Cruz County for years has purposely kept similar patient information in the dark. In fact, if federal prosecutors ever came knocking at the door of the county's Health Department, they're not going to find anything but empty file cabinets.

"We don't have anything on file to subpoena," said Laurie Lang, a county health spokeswoman.

Since the county began issuing official medical marijuana identification cards in 2005, more than 1,100 have been issued. That number includes 207 during the past fiscal year, a number that dropped sharply from 358 the prior year.

But the process here is very different from other counties, including Santa Clara County. While health officials here verify patient prescriptions and review applications, all the paperwork is handed back to the patient once the card is issued.

Lang said the county has never been hit with a federal subpoena, and any legal inquiries end quickly after the county lays out its absence of records. Ben Rice, a local attorney who works closely with the county's medical marijuana industry, praised that approach.
"That's not what Santa Clara and other counties are doing," Rice said. "That's why our county was brilliant."

The Mendocino County subpoena apparently was issued in October and only recently revealed. The U.S. Attorney's Office in San Francisco on Friday would neither confirm nor deny one had been issued, but Mendocino County Sheriff Tom Allman recently revealed an ongoing investigation into a now-canceled county permitting scheme.

Amid an ongoing crackdown on the state's medical marijuana industry, the uncertain legal environment has led Santa Cruz County to postpone a proposed dispensary licensing law, and the county Board of Supervisors has passed a moratorium on new dispensaries.

Rice, however, said there are still some areas of concern, including a local requirement that marijuana grow collectives maintain records related to the patients served.

"This is a problem that I'm anxious to talk to the county about," Rice said.

While medical marijuana identifications are not needed to obtain pot, Rice said he advises clients to take their prescriptions to the county to make it official. He said those ID cards offer an added layer of legal protection, saying he's noticed police are being trained to ask detainees whether they have one.

Santa Cruz County Counsel Dana McRae said she is waiting for the California Supreme Court to decide a Riverside case involving a total ban on dispensaries before the county's long-delayed regulations move forward.

"The goal of the Board (of Supervisors) is to make sure that medical marijuana patients have access to their medicine," McRae said, saying there were no reports of patients being denied while the moratorium is in place. "Therefore, we're willing to wait until the California Supreme Court gives us the green light."

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News Hawk- TruthSeekr420 420 MAGAZINE
Source: santacruzsentinel.com
Author: Jason Hoppin
Contact: Contact us - Santa Cruz Sentinel
Website: Santa Cruz County handling of medical pot records praised - Santa Cruz Sentinel
 
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