COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Health Department

DATE:

October 28, 2005

BOARD MEETING DATE:

November 15, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Charlene A. Silva, Director, Health Department
Scott Morrow, MD, Health Officer, Health Department
Brian J. Zamora, Director, Public Health & Environmental Protection Division

SUBJECT:

Medical Marijuana Identification Card

RECOMMENDATION:

Adopt a resolution to process and issue Medical Marijuana Identification Cards and to set fees at $45.00.

VISION ALIGNMENT:

Commitment: Ensure basic health and safety for all.

Goal(s): Goal 5: Residents have access to healthcare and preventive care.

This resolution contributes to this goal by providing a mechanism to document the need for treatment for qualified patients.

Performance Measure(s):

Measure

FY 2004-05

Actual

FY 2005-06
Projected

Number of cards issued

Not available

1,400

BACKGROUND:

In 1996, California voters passed Proposition 215, also known as the Compassionate Use Act. This Act makes the medical use of marijuana legal in California. However, it does not provide an effective way for law enforcement to properly identify patients who are legally protected by the Act. In 2004, Senate Bill (SB) 420 was passed to clarify Proposition 215. The intent of SB 420 is to assist law enforcement in identifying Californians who are protected by the Compassionate Use Act and to provide patients and their caregivers with a form of identification that may protect them against wrongful arrest and prosecution.

SB 420 requires the California Department of Health Services (DHS) to establish and maintain a statewide Medical Marijuana Identification Card registry program for qualified patients and their primary caregivers. Applicants are to apply for the cards through the county health department in the county where they reside.

The following counties have already started this program: Amador, Del Norte, Marin, Mendocino, Shasta, and Trinity.

DISCUSSION:

There are two types of Medical Marijuana Identification Cards: one is for a primary care provider who provides the marijuana and the other is for a patient. The cards are valid for only one year. DHS has estimated that there will be approximately 2,800 cards issued in San Mateo County each year. The Health Department is planning on a gradual increase in card use and expects approximately 1,400 card applications in FY 2005-06.

Cards will be distributed through the Office of Vital Statistics. It may take up to 0.5 FTE staff to provide the forms, answer questions, take a photo, and review completed forms and required supporting documentation. This work will be spread to several staff and absorbed into existing workload. In addition, the Health Department will have to purchase a camera and other supplies.

Health and Safety Code §11362.755 requires the state to charge $13, which is collected by the counties and forwarded to the state. The code further authorizes a county to charge an additional amount to cover the county’s cost of processing the application. We estimate the Health Department cost to be $32 per card. The total fee for the card will be $45.00. Medi-Cal patients will be allowed to pay 50% of the state and county charges, for a total of $22.50. The discount for Medi-Cal patients is mandated by SB 420. The State estimates that 9% of San Mateo County Medi-Cal beneficiaries will enroll in the program.

County Counsel has reviewed and approved the Resolution as to form.

FISCAL IMPACT:

Start-up revenue and expenses for FY 2005-06 are estimated at $63,000. If the number of cards exceeds estimates, this figure will be revised with the additional revenue and expenses to be included in a mid-year ATR. There is no net County cost.