The Compassionate Coalition

September 26th, 2006

MMJ Supporters Denied, Cited at Solano Board of Supervisors Meeting
by Vanessa Nelson

FAIRFIELD, CA -- Activists from across California gathered in Solano County this morning to urge the Board of Supervisors to implement a card identification program for valid medical marijuana patients.

The group, organized by patient advocacy organization The Compassionate Coalition, made its presence known with a demonstration on the street corner outside the government center before going inside to address the board.

The signs and speeches asked the county to implement a card program that would be voluntary for patients and caregivers, and which would fulfill a state-mandated responsibility regarding medicinal cannabis. Senate Bill 420, which was signed into law in 2003, requires California counties to create an ID card system for its medical marijuana patients.

The proposal for the card system, however, was met with a distinct atmosphere of administrative reluctance. According to the status report submitted to the board prior to the meeting, implementing the card program may mean negotiating the conflict between California's medical marijuana laws and the illegality of marijuana under federal law. Suggesting inaction on the matter, the report stated, "Some counties, such as Sacramento, have simply taken a 'watch and wait' approach."

Nonetheless, many of the speakers made it clear that the conflict between state and federal law was irrelevant to the request for ID cards.

"It's not a violation of state or federal law to just issue the cards," said Linda Jimenez, Solano County resident and Chairperson of The Compassionate Coalition. "The last time I checked, issuing plastic cards was not illegal."

Several speakers also stressed the point that, by preventing the wrongful arrest of patients, the card system would provide a measure of protection for law enforcement.

Aaron Smith of the advocacy group Safe Access Now stated that the ID card program would "greatly assist law-enforcement in distinguishing patients with legitimate medical marijuana recommendations from those who are using false or counterfeit documentation." Such clarification, according to Smith, "frees our law enforcement and judicial system to focus on genuine criminal activity."

Local law enforcement, however, did not express any gratitude for the activists' efforts on their behalf.

Instead, Fairfield city police issued citations to Smith and several other drivers for honking their car horns in support of activists protesting on the street corner outside the government center.

Supervisor Barbara Kondylis of District 1 was shocked to learn about these incidents. "I didn't know it was illegal to honk your horn," she said incredulously. "I do it all the time."

After hearing more details about the morning's round of gratuitous citations, Supervisor Kondylis shook her head and declared, "A honking ticket is just ridiculous." Following a moment's pause, she said conclusively, "I'm still going to honk when I go by."

Police intimidation was a theme echoed in an eloquent speech made before the board by Libertarian Presidential Candidate Steve Kubby, who flew from southern California specifically to attend today's meeting. Kubby asked the board if they knew why local activists had begged him to make the trip. "Because they're afraid of their own police! They're afraid of their own health department! They're afraid of their own board of supervisors!" Kubby answered emphatically. Urging the board to direct the health department to do its job, Kubby appealed to the sympathies of the supervisors. "Citizens who depend on you -- your judgment and your wisdom -- are frightened everyday that they will be arrested, humiliated, bankrupted! That is their daily reality."

But activists in Solano had more challenges to face today than coping with overly-punitive local police. In addition to other stalling tactics employed against their efforts, medical marijuana supporters at today's meeting had to contend with County Counsel Dennis Bunting's attempts to delay action by passing the buck.

Bunting cast a suggestion of irrelevance over the discussion by inferring that the implementation of an ID card program was not a matter to be handled by the board. "It's the county health department that implements the program, not the board of supervisors," Bunting said decisively, inspiring murmurs of disagreement from amongst the crowd.

Galen Lawton, president of the locally-based Solano Patients' Group, stepped up to verbalize his opposition to Bunting's claim. According to Lawton, County Health Officer Ron Chapman had previously declared the matter of ID card implementation to be under the authority of the Solano County Board of Supervisors.

Furthermore, Lawton asserted that the board's status report contained misinterpretations of state medical marijuana law. The health services department doesn't have to do this themselves," Lawton said of the implementation of the ID card system. "You can designate Solano Patients' Group to do that. We can be a designee. We'll do that."

Lawton's proposal was met with no offers, however, and its rhetorical point fell flat when discussion on this detail failed to follow his speech. The supervisors were ultimately left with County Counsel Bunting's simplistic assessment of the matter. "The board can make a recommendation," Bunting said half-heartedly, "but you must understand that it's just a recommendation."

At the conclusion of the public comment on the agenda item, Supervisor Duane Kromm of District 3 took the lead in addressing the issue as a whole. "As a county, we are a subdivision of the state of California," said Supervisor Kromm. "I make a recommendation to look into issuing the cards. If we get in trouble with the federal government, that's a risk I'm willing to take." He then made a motion to amend the agenda in order to allow a vote on the matter, which was seconded by Supervisor Kondylis and passed on a thin margin.

The audience erupted in applause, with supporters prematurely assuming this vote to be on the implementation issue itself. The board members' evident surprise at this show of enthusiasm led to a dawning understanding amongst the celebrants that the vote had merely been about whether or not to take a vote on the matter. Quieted with confusion, the spectators witnessed a quickly-executed second round of voting, at which the motion to recommend the ID card program officially failed. Supervisors Silva (District 2) Vasquez (District 4), and Reagan (District 5) comprised the majority in this vote, which transformed the mood in the chambers from unfettered joy to fierce discontent. The disappointment was softened only slightly by Supervisor Kondylis's expressions of sympathy towards the activists. "You have a right to have access to anything that helps when you have a doctor's prescription for it," Supervisor Kondylis said firmly. "And if anyone of you gets harassed by [law enforcement], I hope you let us know."

Following the board meeting, medical marijuana supporters appeared remarkably optimistic. For advocates in Solano County, today's defeat meant the loss of only one battle in their continuing fight for safe access within a challenging political climate, and they are not about to consider it a setback. Undaunted by today's vote, Jimenez proclaimed, "The way I see it, the fight has just begun. The county is sadly mistaken if they think this is over. We will continue our battle out here until the war is won!"