Dea V Mdch - Mmma's "confidentiality Provision Is A Nullity" Says Federal Judge

[Michael Komorn]

Big changes for med. marijuana usersMed. marijuana patients have no right to privacy

 

GRAND RAPIDS, Mich. (WOOD) - According to a Michigan federal court judge on Friday, medical marijuana patients have no right to privacy.

Federal Judge Hugh Brenneman Jr. ruled that Michigan medical marijuana patients have no right to privacy when it comes to a federal investigation involving marijuana. In short, medical marijuana patients should not expect the information they give to the state to receive a registration card will be kept from federal investigators.

This ruling comes despite a provision in the state's Medical Marijuana Act which promises patients their information will be kept private.

The state law previously approved by voters makes it a misdemeanor for a government employee to disclose confidential information about a registered medical marijuana patient or care giver.

That provision put state workers at odds with federal investigators who had a subpoena for information on certain patients. According the the law, those in violation could face up to six months in jail and a fine of up to $1,000.

However, the federal law that made marijuana illegal supersedes Michigan's law, giving patients a defense in certain instances, explained Judge Brenneman.

Michigan Attorney General Bill Schuette asked the court to give state workers immunity from prosecution if they were forced to violate the privacy section of the law.

Therefore, the law is void when it comes to federal investigators. According to court documents obtained by 24 Hour News 8, Judge Brenneman said there was no need to give state workers immunity in this case.

Posted byMichael Komorn18006563557

[solabeirtan]

His honor makes a horrible mistake, Medical Cannabis Patients do have rights to privacy. He might know something aboout Law, he doesn't know much about medicine. Certainly not much about compassion either.

[skipper1963]

we are left out in the cold!!

[Eric L. VanDussen]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[Eric L. VanDussen]

June 3 2011 - Big changes for med. marijuana users - Med. marijuana patients have no right to privacy - http://www.woodtv.com/dpp/news/michigan/Big-changes-for-med.-marijuana-users

 

 

GRAND RAPIDS, Mich. (WOOD) - According to a Michigan federal court judge on Friday, medical marijuana patients have no right to privacy.

 

Federal Judge Hugh Brenneman Jr. ruled that Michigan medical marijuana patients have no right to privacy when it comes to a federal investigation involving marijuana. In short, medical marijuana patients should not expect the information they give to the state to receive a registration card will be kept from federal investigators.

 

This ruling comes despite a provision in the state's Medical Marijuana Act which promises patients their information will be kept private.

 

The state law previously approved by voters makes it a misdemeanor for a government employee to disclose confidential information about a registered medical marijuana patient or care giver.

 

That provision put state workers at odds with federal investigators who had a subpoena for information on certain patients. According the the law, those in violation could face up to six months in jail and a fine of up to $1,000.

 

However, the federal law that made marijuana illegal supersedes Michigan's law, giving patients a defense in certain instances, explained Judge Brenneman.

 

Michigan Attorney General Bill Schuette asked the court to give state workers immunity from prosecution if they were forced to violate the privacy section of the law.

 

Therefore, the law is void when it comes to federal investigators. According to court documents obtained by 24 Hour News 8, Judge Brenneman said there was no need to give state workers immunity in this case.

[Guest Happy Guy]

Did I read that right and the feds are asking for only one of the seven suspects records? I bet the feds are trying to prove someone falsified their paperwork. Why else would they ask?

[1337Gr33n]

i dont know, but i smells a rat. not a turncoat rat, but a stinking smelling rat. i feel for the patients that unknowing chose to give their info to that place.

[1337Gr33n]

as if i needed one, but here's yet another reason to stay off the fed radar. none for me thanks. i'll keep it legal.

[Green-Nubie]

this is starting to go just :notfair:as some i know have predicted..

 

Why in sams hell would i give my info to the state just so they can turn it over to the feds.. its like giving them a list to go raid at will..

 

 

i was told not to sign up for this mmmp program, as it was big governments way of finding out who grows and uses..

 

(it seams they are right).... NOW WHAT???

[Green-Nubie]

as if i needed one, but here's yet another reason to stay off the fed radar. none for me thanks. i'll keep it legal.

 

CORRECT ME IF IM WRONG BUT , HIPPA LAW IS A FEDERAL LAW CORRECT???

 

 

WHO HAS THE BIGGEST POCKETS ??? WANT TO FIGHT THEM IN FEDERAL COURT ON THIS ISSUE??

 

AND I FEAR KEEPING IT LEGAL (BY STATE LAW) WONT HELP.... THEY GET THERE HANDS ON JUST ONE OF OUR RECORDS THEY WILL GET THEM ALL..

[thanks2]

Federal tyranny that does not care about the will of the people it rules.

[LongHairBri]

if theirs no protection what did I pay for? I can get into trouble on my own.

[+EdwardGlen]

Feds aren't going after individual patients who are in compliance with their individual states MM programs. Its the dispensary interests that are bringing the heat along with criminals who attempt to hide behind our MM law's.

 

And didn't schuette already give up the entire MMMA registry to the feds, all 100,000+ participants.

[peanutbutter]

It's nice to know that we are all imaginary people. That we don't really exist.

 

I guess that leaves the door open for real people to sue.

[Ms Chocolate]

This makes sense to me. The reason patients register is the protections, including privacy, provided. If that protection is no longer there, many patients will stop registering. If all a patient has is a written doctor’s opinion, on nothing at all, they are again subjected to arrest and forfeiture. With an arrest PA has work, and LEO has funds to go after the next unregistered patient.

 

Judge Brenneman may say that because the discussion is marijuana the federal law rules, but we are directly talking about patients’ medical files, is not HIPPA federal?

[Green-Nubie]

Judge Brenneman may say that because the discussion is marijuana the federal law rules, but we are directly talking about patients’ medical files, is not HIPPA federal?

 

<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>

[peanutbutter]

These records do NOT show a crime or any evidence of a crime.

 

There is no record of any marijuana transactions or use in these records.

[+Silverblue]

GRRRRRRRRRRRR. :growl: EFFING CHIT they hate Mj so much they'll do anything, they LOVE money and power so much, they'll do ANYTHING, they only see us as DOLLAR SIGNS. DESPICABLE MISERABLE BEINGS I WISH THEY'LL ALL FRY IN HELL. How would THEY like to have THEIR rights stripped away??? They're abusing their authority and I HOPE SOMEONE HAS THE RESOURCES AND COURAGE TO SUE.

 

So, what should we do now?

 

Sb

[peanutbutter]

ALSO overlooked in this case:

 

2006 Gonzalas v State of Oregon.

 

In that case the Supreme Court of the US decided that states can determine what is accepted medical practice within that state WITHIN THE FEDERAL CONTROLLED SUBSTANCE ACT.

[Guest Happy Guy]

Feds aren't going after individual patients who are in compliance with their individual states MM programs. Its the dispensary interests that are bringing the heat along with criminals who attempt to hide behind our MM law's.

 

And didn't schuette already give up the entire MMMA registry to the feds, all 100,000+ participants.

This is a dispensary owner's records they want.

If he faked his paperwork, how else are they going to prove his paperwork was bogus? They didn't ask for a whole bunch of patients paperwork like some have tried to make you believe. If his paperwork is in order then he doesn't have anything to worry about. It's not like the feds are trying to find an annonymous patient who is enjoying their right to privacy. This is a known patient and dispensary interest with their name in the paper a lot, that the feds want to prove their paperwork was doctored. They are doing it correctly by a limited request and showing cause to get the information. You can't use the privacy clause to hide from an obvious breach in the state rules, if that is what this is. Looks like the case is moving through the appropriate checks to make sure everyone's rights are honored.

[drtarzanmd]

I merged " Eric L. VanDussen " post w/ " Michael Komorn "

 

Post becuase they both about the same topic ....

[semicaregiver]

This is a case that perhaps in ones wildest imagination you could not imagine it happening or the outcome.

 

Happy Guy is correct. If you read the original documents, the feds had an individual or group of individuals that they were investigating. The paperwork does not say who or why, but it seems that the best guess is a dispensary owner/staff. The fed paperwork suggests that the people under investigation are Michigan MMJ cardholders, but they refused to show their cards to the feds. The feds then submitted the names of the individuals to the MDCH to ask if they are registered patients.

 

There was also a change midstream in what the Feds asked for and a partial victory for us. Initially they asked for all the MDCH records on the individuals, i.e. med records. After CPU and ASA submitted amicus briefs the Feds changed their request to only asking the MDCH to verify that the people are valid patients, much like LEO would do if you were stopped and presented your card. LEO would contact MDCH to verify the card is legit.

 

On the surface, the Feds are presenting themselves as the compassionate good guys. i.e. "hey we had some people we were investigating, but we did not want to waste our time if they are patients since we want to leave patients alone, but these guys will not show us their cards". The problem for us is they now have their nose under the MDCH tent and they have provided the various "anti" prosecutors and legislators with a fed court decision they can wave.

[petoskeystoned]

So what are the requirements then for a magistrate to issue a search warrant to the MDCH for a patients records, or a caregivers records? There would be no need for probable cause. What if the MDCH produces the information and it is false? What happened to check and balance? Do we even exist for Goodness sake?

[Dr. Bob]

The one thing that sticks out in my read of this is that the information provided is the same information you expect to have to provide if questioned by LEO. Your card and the information contained on it. That is why you have the card, to show it to the officer and prevent an unnecessary arrest. That is what they are referring to by 'no expectation of privacy'.

 

I don't support releasing ANY information, and by doing so the MDCH confirms someone's status as a patient. But the cards are there so a patient can show they are legal if questioned, and the police have the right to ask to see your card if they find evidence of MJ use.

 

It would have been nice if the judge had said no, but this is what we have as far as cards go. Medical records and supporting documentation are a whole different ball of wax than a registry card. The medical records ARE protected by Federal Law and if the question was a demand for those, the matter might well have turned out differently. That said, law enforcement CAN get medical records with a court order, on an individual basis.

 

Dr. Bob

[+wolfgang]

bottom line then WTF do they want?? My husband already had to sign a contract with his doctor because he is on narc's as well,NOT because his doctor wanted too but the FEDS made the doctor,I want the f'ing feds out of my relationship with my doctor. POWER TO THE PPL.LETS TAKE IT Back from these fat cats