Opinion No. (2005)

BILL LOCKYER Attorney General DANIEL G. STONE Deputy Attorney General THE HONORABLE CHRISTINE KEHOE, MEMBER OF THE STATE SENATE, has requested an opinion on the following questions: 1. Does the statewide registry and identification card program for medical marijuana users preempt the operation of a city's own registry and identification program? 2. May a city continue to operate its own registry and identification card program for medical marijuana users until the statewide registry and identification card program is implemented in the county in which the city is located? 3. May a county designate a city to perform the functions of the county health department under the statewide registry and identification card program for medical marijuana users? CONCLUSIONS 1. The statewide registry and identification card program for medical marijuana users preempts the operation of a city's own registry and identification card program, but a city may adopt and enforce other ordinances consistent with the statewide program. 2. A city may continue to operate its own registry and identification card program for medical marijuana users until the statewide registry and identification card program…