COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Health Department

DATE:

February 22, 2007

BOARD MEETING DATE:

February 27, 2007

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 Fee Increase

RECOMMENDATION:

Adopt a resolution increasing the annual fee for Medical Marijuana Identification Cards to $174.00 and allowing the Health Department Director to authorize future fee increases based on state requirements.

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 commitment and goal by providing a mechanism to document the need for treatment for qualified patients.

Performance Measure(s):

Measure

FY 2005-06

Actual

FY 2006-07
Projected

Number of cards issued

510

480

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 under State law. However, the Act does not provide an effective way for law enforcement to properly identify patients who are legally protected. 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.

A total of 24 counties have already started this program. A partial list includes: San Francisco, Alameda, Amador, Contra Costa, Riverside, Del Norte, Marin, Mendocino, Shasta, and Trinity. San Mateo County began issuing Medical Marijuana Identification cards on January 3, 2006.

DISCUSSION:

Health and Safety Code §11362.755 requires the State to charge a fee that will cover their operational costs. As a result, the fee per card is dependent on the number of cards issued. Unfortunately, the State overestimated the number of cards to be issued in FY 2005-06 and set the fee too low at $13 per card. Based on revised estimates of the number of cards to be issued, the State has set a new fee of $142 per card for the State’s portion. This fee 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. Costs for the Health Department are approximately $32 per card. With this increase, the total fee for the card will be $174.00. SB 420 allows for a fifty percent discount for Medi-Cal patients, which will continue. Approximately thirteen percent of San Mateo cardholders qualified for this discount in 2006.

There are two types of Medical Marijuana Identification Cards: one is for a primary care provider and the other is for a patient. The cards are valid for one year. The Health Department issued 510 cards in 2006. Due to the increase in cost from the State, it is likely that the number of cards issued in 2007 will decrease.

It is expected that the State will continue to adjust the fee for this program annually. It is requested that the Health Department Director be allowed to adjust the fee as necessary to include changes in the State’s fee.

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

FISCAL IMPACT:

Revenue and expenses for this program have been included in the Adopted Budget FY 2006-07 and will be included in future budget requests. There is no Net County Cost associated with this action.