... From: Terri Garner To: Notary_Signing_Agents@yahoogroups.com Sent: Mon, November 9, 2009 2:03:50 PM Subject: Re:Nov 9, 2009 1 of 1View Source
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From: Terri Garner <terri@...>
Sent: Mon, November 9, 2009 2:03:50 PM
Subject: Re: [Notary_Signing_Agents] Notarizing Application for Medical Marijuana Registry
In California a notary is not responsible for the contents of the document, they do, however, need to review the document for obvious blanks or incompleteness. That being said, it is not the notary's responsibility to know whether the document complies with some other state law. All I need to do is verify that the person signing the document provides satisfactory proof of Id per CA Notary code, and that they take the oath if the requested notarization type is a jurat.
Other than that, I don't care how the document came to be or what the document purports to do. I am not certifying the contents, only that the signer personally appeared before me, provided proof of id, signs my journal, oh yeah, pays the notary fee, etc. What happens after the document leaves me, the notary, is not my business. So long as I have complied and performed properly according to Notary law, there's nothing I've done wrong.
As I used to tell my students, IT DOESN'T MATTER WHAT THE DOCUMENT IS, it doesn't matter. Follow the basics, maintain your journal, get that id and thumbprint, follow the required notary laws, and you're good. And remember, in CA, to refuse a lawful notarization is illegal. Oh and if you have a problem with what the document is going to allow the presenter to do, and you refuse because of personal beliefs, that's illegal too.
Former CA Notary Exam Instructor
On Tue, Nov 3, 2009 at 12:55 PM, Jerry <jerry_lucas@ msn.com> wrote:
In my state, medical use of marijuana is legal under state law, if the patient gets written approval from a doctor and submits a notarized application to the state Department of Public Health to be added to the Medical Marijuana Registry. The Dept of Health has created the forms that need to be notarized.
So, if I notarize the application, everything complies with state law.
However, under current law, the use of marijuana is still illegal under Federal law. A recent letter published by the US Dept of Justice says that they will not go after people that are following their state laws for medical use of marijuana. Since they have limited resources, they will focus on going after larger scale criminal activity, not medical patients.
Some doctors refuse to give written approval to patients for medical marijuana because of concerns of legal problems of violating federal drug laws.
Have any of you notarized medical marijuana permit applications in your state?
I wonder if a notary can refuse to sign for due cause, since notarizing the application will allow the patient to violate federal drug laws?
Anyone seen any articles on this subject?
It is an interesting conflict between state and federal laws.
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