A Dea Agent In Saginaw Is Hiding A Felony

[peanutbutter]

He may not knowingly be doing so.

 

Information about patients and caregivers is confidential under the MMMA.

 

It is a protection and right granted to us by the voters of Michigan.

 

These records, that generate the information contained in the MDCH master file are so protected that any official of a local unit of government can go to jail for disclosing the information.

 

These records show nothing about marijuana itself. They are simply state licensing records, that are very sensitive.

 

Sometime around July of this year the sheriff of Saginaw county handed a set of records to a DEA agent working in that area.

 

I believe this to be a case of an official violating civil rights under color of law. (42:USC 1983)

 

Records were handed directly to a federal law enforcement officer that named simple patients that were existing within the patient/caregiver system that Michigan has established as law.

 

Uninvolved innocent third parties.

 

I believe the DEA agent still has the evidence. Evidence of a federal felony.

[DenturesLost]

What is the felony?

[Mememe]

deprivation of rights?

[knottwhole]

Link please.

[dutch&Dutchess]

Violation of the MMMA is a 2 year felony and that includes patient records. Then there is HIPPA.

[djkazoo]

It's this sorta crap that kept me underground for so long. I only recently was talked into getting my card so that I could get better meds so I could get rid of all the prescriptions pain killers, which is a goal I have worked on even before becoming legal. I wanted to become legal so I could learn more, meet people that are familiar and knowledgable with the laws to help guide me so I didn't make mistakes. Now I have to worry about this sort of thing happening to me, and my thoughts of being independent and growing for myself are quickly diminishing. I remained underground for fear of losing much and being hassled, now I'm open and exposed to such things, just what I didn't want. I don't have much, I've worked hard for what I have, have been a good citizen with little more than speeding tickets in my younger years. I've always tried to be a law-abiding citizen, but what has it gotten me...nothing! Nothing if this sort of thing can happen after years of "compliance" with the law. It's no wonder some go beyond the allowed limits, if they are going to get busted anyway...why not; at least that's how it appears to me.

 

How can this be legal for this guy to give records that are not supposed to be given out according to the laws on the books? The book of laws that we as citizens are supposed to follow. I am sure the Feds will help out with lawyers if charges were brought up against this clown, which no one can really fight unless you have some deep pockets.

 

I feel like a bit of a fool to think that becoming legal under our state law would protect me, as this and some other posts I've read here clearly points out..I'm not.

 

As I understand, HIPPA doesn't apply to medical marijuana patients. Am I correct?

[DenturesLost]

Violation of the MMMA is a 2 year felony and that includes patient records. Then there is HIPPA.

2 year felony? Where do you find that?

[guteman]

I feel the same way, underground for many years a Vietnam veteran honorable discharge never been in any legal trouble, now that I'm supposedly a legal registered card holder and I’m really freak about the way law enforcement handling the will of the people. I stress to my Brother & Sisters do not give your information other then your card & ID to any person, law enforcement raids the location you frequent & they have copies of you records guess what, be safe keep your s—t to yourself.

Peace Brother & Sisters

[peanutbutter]

From Eric VanDussen. Kalkaska PA in response to a FOIA request:

 

You may recall that the Michigan Attorney General has intervened in two cases I have prosecuted to require a grant of immunity for staff from the Michigan Department of Community Health before they testified as to records of medical marijuana applications or cards. The confidentiality of this information is strictly guarded.

 

Do these local units of government intend to obtain such immunity for each and every person that registers with them?

 

Did the sheriff of Saginaw county gain immunity protection before divulging forbidden information to the DEA? I think not.

[brbud]

I feel the same way, underground for many years a Vietnam veteran honorable discharge never been in any legal trouble, now that I'm supposedly a legal registered card holder and I’m really freak about the way law enforcement handling the will of the people. I stress to my Brother & Sisters do not give your information other then your card & ID to any person, law enforcement raids the location you frequent & they have copies of you records guess what, be safe keep your s—t to yourself.

Peace Brother & Sisters

 

welcome

Thank You for Your Service

 

Good advice bro

[brbud]

From Eric VanDussen. Kalkaska PA in response to a FOIA request:

 

 

 

Do these local units of government intend to obtain such immunity for each and every person that registers with them?

 

Did the sheriff of Saginaw county gain immunity protection before divulging forbidden information to the DEA? I think not.

 

got a new pit comin...gonna name her peanutbutter

[DenturesLost]

knock knock--what is the felony to which you are referring?

[peanutbutter]

knock knock--what is the felony to which you are referring?

 

To start with, the sheriff was acting out of spite and revenge. An attempt to inflict harm.

 

In this attempt to inflict harm he disclosed licensing information about uninvolved third parties. Doing so in a calloused disregard of the lawful protections of these parties involved and uninvolved.

 

The records passed on do nothing to show any illegal activity. Even on a federal level. The documents only show a state licensing process. Not marijuana consumption.

 

It is these state licensing documents, and the information contained in the documents, that are protected by the law of the State of Michigan.

[DenturesLost]

To start with, the sheriff was acting out of spite and revenge. An attempt to inflict harm.

 

In this attempt to inflict harm he disclosed licensing information about uninvolved third parties. Doing so in a calloused disregard of the lawful protections of these parties involved and uninvolved.

 

The records passed on do nothing to show any illegal activity. Even on a federal level. The documents only show a state licensing process. Not marijuana consumption.

 

It is these state licensing documents, and the information contained in the documents, that are protected by the law of the State of Michigan.

If the sheriff did that then he's a 1st class a-hole. But I still don't see how you are getting a felony out of it.

[peanutbutter]

OK how about 18:USC 242

 

Title 18, U.S.C., Section 242

Deprivation of Rights Under Color of Law

 

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

 

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

 

Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

 

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 

or 241

Title 18, U.S.C., Section 241

Conspiracy Against Rights

 

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

 

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

 

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

[DenturesLost]

OK how about 18:USC 242

 

 

 

or 241

Those sections of the US Code deal with violations of the US Const. or US laws. Violating the MMA is neither.

[2ndSentry]

Can we claim HIPPA? ...

 

The Doc who initiates the Pt paperwork has to comply with Patients Rights under HIPA. Chain of Custody from DR. Office to Registry should only be yourself, Post Office with Delivery Receipt Return attached, then to Registry Office. This office signs the Delivery Receipt which is then returned to you, the patient. That little green card is our only assurance that the registry did in fact receive our Doctor's recommendation and fee.

 

I cannot see where anyone else fits into our chain of custody.