The Kings County Board of Supervisors will make a decision Tuesday about whether to implement the Medical Marijuana Identification Card Program, required by California Law. Although 41 counties have implemented the program -- including Kern, Tulare, Merced and most recently Fresno -- Kings County has yet to take action on the program.

Officials say the county was waiting on the results of a lawsuit filed against the law.

In 2004, when the Medical Marijuana Identification Card Program became effective, counties of San Diego and San Bernardino sued the state in an attempt to overturn the implementation of medical marijuana use.

On July 31, the 4th Circuit Court of Appeals unanimously ruled against the challenge to the ID card program, upholding the lower court decision that determined the program was lawful.

"We were waiting for what the result of that lawsuit would be," said Perry Rickard, director of the Kings County Department of Public Health.

Rickard will bring to the item before the supervisors to seek their direction Tuesday.

If implemented, the county would set an application fee of $225 for non Medi-Cal beneficiaries and $112.50 for Medi-Cal recipients. Rickard says there is no cost to the county associated with the implementation of the program.

The ID card fees charged by the county, a measure allowed by the law, will cover the costs incurred by the county to run the program, Rickard said.

In 1996, California voters passed Proposition 215, also known as the Compassionate Use Act, which made the medical use of marijuana legal in the state although it didn't provide way of effective law enforcement to identify patients legally protected by the act.

Then came the Medical Marijuana Identification Card Program in 2004 through Senate Bill 420, which clarified means for effective law enforcement and protection of patients against wrongful arrests. Under the program, an ID is issued to those with "serious" medical conditions, such as arthritis, cancer, migraine and AIDS and serves as evidence of prescription by their physician.

The Board of Supervisors meets at 9 a.m. Tuesday in the Board Chambers, 1400 Lacey Blvd., Hanford.

The reporter can be reached at 583-2429.

(Sept. 22, 2008)