The California Department of Health Services suspended its new program to distribute photo identification cards to medical marijuana patients on Friday. The department cited concerns about federal prosecution following the Raich Supreme Court decision, and asked for a review of the decision by the state attorney general's office. This request came despite previous assurances from California Attorney General Bill Lockyer that the ruling, which allows federal prosecution of medical marijuana patients, does not impact state law.
 
The attorney general's office has agreed to consider the health department's request, but spokeswoman Teresa Schilling pointed out that "...Raich does not impose a mandatory duty to enforce the federal controlled substances act against people who are using medical marijuana legally under California law." (Read bulletins from the attorney general's office clarifying the issue here and here.)
 
The identification card program started in May in three counties, and was scheduled to expand to the entire state in August. The cards were intended to help patients more easily demonstrate that they possess marijuana legally if they are stopped by state or local law enforcement. Alliance Executive Director Ethan Nadelmann explained to the Los Angeles Times, "It was always understood that the medical marijuana ID system would not provide a protection against federal arrests. The whole point of the program was to provide protection against arrests by state law enforcement and to make it easier for law enforcement authorities to enforce the law."
 
123 patients have already received cards from the state, and they will continue to be able to use them. There are other locally-run programs that distribute identification cards as well, and those are not impacted by the health department's suspension. The Alliance hopes that the state health department will resume processing applications for cards as quickly as possible - the attorney general's office has said its lawyers might issue an opinion this week. Daniel Abrahamson, the Alliance's legal affairs director, said to the Associated Press, "I'm hoping the attorney general will send a strong message to the Department of Health to get some backbone."