Michigan Medical Marijuana Patients Could Be Reported To Federal Government

[+EdwardGlen]

Selective persecution and prosecutions to continue....

 

Buying a gun or dealing with police? Local chief says some Michigan medical marijuana patients could be reported to federal government

 

http://www.mlive.com...l_marijuan.html

 

A simple run in with your local LEO will get you reported to FBI

 

Flushing Police Chief Mark Hoornstra said his department adopted the procedure about six months ago following a training seminar organized by the FBI, which was attended by about a dozen other Michigan law enforcement agencies.

 

Under the procedure, Hoornstra said his officers report any interactions with individuals identified as medical marijuana patients to the National Instant Criminal Background Check System, or NICS, even if they are not committing a crime or violating the Michigan Medical Marihuana Act.

 

So far, about 10 medical marijuana users have been reported to the federal government by Flushing Police, Hoornstra said.

The NICS program allows clerks at firearm retailers to quickly identify if a potential buyer has a criminal record or any other red flag, such as drug abuse, that would ban them from purchasing a firearm.

 

Federal law prohibits the “shipment, transportation, receipt, or possession” of a firearm by anyone that uses or is addicted to a controlled substance, according to Bureau of Alcohol, Tobacco, Firearms and Explosives form 4473, which firearms buyers are required to complete prior to the purchase a gun.

 

On the 4473 form, potential buyers are asked if they are an “unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance.”

Medicinal marijuana is legal in Michigan, but it is still illegal under federal law. This was highlighted in a September 2011 letter sent out by the ATF to all federal firearm dealers.

 

The letter spells out that gun dealers cannot sell firearms to people that are identified as medical marijuana users.

“The regulations, under which NICS operates, permits the NICS examiners to make an inference of use when the subject is found in possession of a controlled substance,” the FBI’s Stephen Fischer Jr. wrote in an email to The Flint Journal. “If a known user attempts to buy a firearm from a (Federal Firearm Licensee), then NICS can and will deny the transaction.”

 

Answering “yes” to the drug question on the 4473 disqualifies the potential buyer from purchasing the firearm. However, with the FBI-backed procedure, the NICS program could already know the answer to that question before the buyer ever even fills out the form.

The FBI confirmed that it does receive information from Michigan law enforcement agencies.

 

“State and local law enforcement do not have to report persons to any of the NICS databases – i.e., they are not mandated by the federal government to do so,” Fischer wrote. “They do so voluntarily for law enforcement purposes.”

However, Fischer said the FBI does not maintain a database specifically to identify medical marijuana patients.

“The NICS does not keep track of medical marijuana users,” Fischer wrote. “It does keep records of denied transactions by persons who have recorded use of controlled substances (e.g., arrests and convictions) within certain time spans and who have been discovered in possession of a firearm.”

 

Matthew Abel, an attorney with the Detroit-based Cannabis Counsel, a law firm that specializes in marijuana issues, says he believes the procedure of reporting medical marijuana patients to the federal government is in violation of state law.

“The Medical Marihuana Act has provisions that anyone that discloses information is guilty of a misdemeanor,” Abel said.

According to the Michigan Medical Marihuana Act, “applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.”

 

The law goes on to say that the information can be used to verify to law enforcement if a medical marijuana patient’s identification card is valid, but “a person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1,000.00, or both.”

Hoornstra defended his department’s procedure, saying that it is up to the federal government to decide what it does with the information after it is received. The chief also said he does not believe he is in violation of state law.

“Our job is to enforce the laws of the state and federal government,” Hoornstra said. “All we do is report.”

Meanwhile, Michigan gun dealers are caught in the middle.

 

A number of federal firearm licensees around Genesee County said they have been approached by medical marijuana patients about buying firearms but had to break the news to them that they are unable to purchase one.

And while federal law does not require a firearm dealer to ask a potential buyer if they are a medical marijuana user, dealers say they have turned people away if they believe they aren’t legally allowed to purchase a gun.

“We err on the side of safety,” said Dan Compeau, chief operating officer for Williams Gun Sight in Davison. “Firearms are probably the highest regulated things that are sold.”

[bobandtorey]

WOW your posted at the same time as me LOL

[Celliach]

Nothing new here. We all knew this was going on.

[bobandtorey]

you can move my post or delete it if you want

[peanutbutter]

And STILL no police officers arrested for violating the law about such things.

 

Why are laws NEVER applied against leo?

[free country 420]

i would agree i dont belive that it would be legal for them to disclose any info to them without commiting a crime.... even for us by showing your card to a dispensery or registering for a local ordance in my opinion is not legal for even me to do....

 

what do your guys think

[ilynnboy]

Hey Celliach,

you a cop?

You sure talk like one. Nothing to see here, move along folks.

And that with your fast action to lock threads.

I see Tim called you out a couple weeks ago ( Which I think should have been handled in private).

What gives?

You seem awfully fast to judgment. Kind of like a cop.

I am sorry If I offend you, just want to give you another person's point of view.

[Kingdiamond]

“Our job is to enforce the laws of the state and federal government,” Hoornstra said.

 

Bullchit your job is local law enforcement you report patients to the federal government because your a draconian backwoods prick.

[ilynnboy]

Yes he is King, just like Schutte likes to uphold Federal law when he likes them fight or disregard them if he doesn't.

 

And Celliach I apologize for jumping on you.

I saw this story was already posted yesterday, although all the present posters did not either see or reply to that thread.

Again I am sorry for my rudeness.

[peanutbutter]

i would agree i dont belive that it would be legal for them to disclose any info to them without commiting a crime.... even for us by showing your card to a dispensery or registering for a local ordance in my opinion is not legal for even me to do....

 

what do your guys think

 

Disclosure that the person was was a registered patient is a criminal act. The fact that the person is registered is not evidence of a crime. No transactions of marijuana are recorded in that information.

 

More directly, if copies of applications, ID cards and/or copies of cards have been sent to ANYONE, the person that has done so has committed a crime.

 

This is NOT the "normal performance of their duties." The voters defined this as a crime.

[CaveatLector]

Disclosure that the person was was a registered patient is a criminal act. The fact that the person is registered is not evidence of a crime. No transactions of marijuana are recorded in that information.

 

More directly, if copies of applications, ID cards and/or copies of cards have been sent to ANYONE, the person that has done so has committed a crime.

 

This is NOT the "normal performance of their duties." The voters defined this as a crime.

I agree. The possession of a card is not proof of use or possession of marijuana. A reasonable scenario exists where a person would get a card just in case they may choose to treat themselves with marijuana some time in the future. This chief has no business passing on this info to the FBI. Someone here who lives in Genesee County, and preferably Flushing, should file a complaint with David Leyton and reference the news story and interview in the complaint. Hell, maybe a bunch of people should file a complaint. Nothing like some extra pressure to force the Prosecutor's hand. If nothing else it may force the police dept. to abandon that policy.

[CaveatLector]

The more I think about this the more this story pisses me off.

 

Is there anyone here who lives in Flushing?

[greenbuddha]

If this 'police chief' is appointed or hired into his position, vote out those politicians that put him in place.

 

If he is 'elected' into his job, UN-ELECT him... vote him out.

 

A 'local police chief' works for the the LOCAL people that put him in place.

[peanutbutter]

If this 'police chief' is appointed or hired into his position, vote out those politicians that put him in place.

 

If he is 'elected' into his job, UN-ELECT him... vote him out.

 

A 'local police chief' works for the the LOCAL people that put him in place... NOT the Federal government.

 

SEND A MESSAGE!! ARREST THEM ALL AND LET THE COURTS SORT IT OUT!

 

Seriously; this aspect of our .. OUR LAW .. is being completely ignored. That means this state thinks police are allowed to break any law they wish!!

Edited June 5, 2012 by peanutbutter

[Highlander]

This story needs to be included when we approach our senators and ask them to vote "no" on the pending bills. When LEOs are now openly admitting that they are freely giving MMMP information to the feds, I think the MMJ community has a pretty solid position that confidential information will be abused by the LEOs.

[CaveatLector]

This story needs to be included when we approach our senators and ask them to vote "no" on the pending bills. When LEOs are now openly admitting that they are freely giving MMMP information to the feds, I think the MMJ community has a pretty solid position that confidential information will be abused by the LEOs.

Yes, excellent case in point that can be used as an example.

[Celliach]

Hey Celliach,

you a cop?

You sure talk like one. Nothing to see here, move along folks.

And that with your fast action to lock threads.

I see Tim called you out a couple weeks ago ( Which I think should have been handled in private).

What gives?

You seem awfully fast to judgment. Kind of like a cop.

I am sorry If I offend you, just want to give you another person's point of view.

Yes he is King, just like Schutte likes to uphold Federal law when he likes them fight or disregard them if he doesn't.

 

And Celliach I apologize for jumping on you.

I saw this story was already posted yesterday, although all the present posters did not either see or reply to that thread.

Again I am sorry for my rudeness.

 

It's all good.

 

It's my firm opinion that this info has been shared all along. That's why HB4834 was submitted. To cover their asses for illegal things they were already doing.

 

It's just my personal opinion. I have no facts.

[Highlander]

Dear Senator Gleason:

 

I am a resident of the City of Flushing and am a registered medical marijuana patient and a registered medical marijuana caregiver for five medical marijuana patients who live in your district (Mt. Morris Township, City of Flint, Flint Township).

 

I have been concerned that the Senate has before it four bills that would amend the Michigan Medical Marijuana Act, which as you probably know, passed as a public initiative in 2008, supported in every county of the State. The bill I am writing to you about today is HB 4834. This bill seeks to allow law enforcement and public officials to access the Michigan Department of Licensing and Regulatory Affairs (LARA) database of registered medical marijuana patients and caregivers.

During testimony in the house judiciary, the Michigan State Police indicated that access to LARA’s patient and caregiver registry was needed in order to prevent them from inadvertently raiding a legal grow operation. The concern of the medical marijuana community expressed at the hearing was that law enforcement officials would use the registry as a tool to harass/abuse patients, especially when we have seen local units of government pass ordinances to ban activities that the Michigan Medical Marijuana Act protects.

 

The current language in the Medical Marijuana Act with regard to confidentiality reads,

“(4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1,000.00, or both. Notwithstanding this provision, department employees may notify law enforcement about falsified or fraudulent information submitted to the department.”

 

Today, I read an article on Mlive.com http://www.mlive.com...l_marijuan.html) that was published in the Flint Journal, andstates, in part,

 

Medical marijuana users are being identified under a police procedure adopted by a local police agency. Flushing Police Chief Mark Hoornstra said his department adopted the procedure about six months ago following a training seminar organized by the FBI, which was attended by about a dozen other Michigan law enforcement agencies.

 

Under the procedure, Hoornstra said his officers report any interactions with individuals identified as medical marijuana patients to the National Instant Criminal Background Check System, or NICS, even if they are not committing a crime or violating the Michigan Medical Marihuana Act. So far, about 10 medical marijuana users have been reported to the federal government by Flushing Police, Hoornstra said.

 

I am gravely concerned that the policy of the Flushing police department is to disclose confidential medical information to the federal government even where there is no evidence of a crime. This is exactly the sort of behavior that the medical marijuana community fears will escalate if law enforcement officials have any increased access to the patient/caregiver database. On behalf of myself and at least five others in your district, I ask that you consider the deplorable actions of the Flushing police department when you cast your vote on this bill. Thank you.

[drdali138]

Hopefully LEO's will take the original language in the statute a little more seriously now.