<b>DEA Wins Confidential Files</b>

The State of Michigan has released confidential Medical Marihuana Program registry information to the Federal Drug Enforcement Administration (DEA). Federal Judge Hugh Brenneman Jr. ruled in early June that Michigan medical marijuana patients and caregivers have no right to privacy when it comes to a federal investigation involving marijuana, and should not expect the information they give to the state in order to receive a registration card will be kept from federal investigators. Michigan Department of Licensing and Regulatory Affairs (LARA) gave the DEA the files July 1; two days after Traverse City Attorney Jesse Williams, representing Michigan Association of Compassion Centers (MACC) filed a motion to stay the Judge’s ruling, in hopes of scheduling an appeal.
A provision in the state’s Medical Marijuana Act both promises patients their information will be kept private, and makes it a misdemeanor for a government employee to disclose confidential information about a registered medical marijuana patient or caregiver.
The release of these files could not have occurred without the cooperation of Michigan Attorney Bill Schuette, who campaigned against the passage of the Act in 2008, and now heads up a statewide, coordinated effort to undermine and nullify the law. (See Editorial, “Drug War Has Skewed Police Priorities, Decreased Public Safety”)
Other states have rejected attempts for law enforcement to obtain medical marijuana records, including Oregon, whose Attorney General fought the federal subpoenas with the help of the American Civil Liberties Union and Americans For Safe Access.
Last June the DEA, investigating seven people in the Lansing area, subpoenaed “copies of any and all documents, records, applications, payment method of any application for Medical Marijuana Patient Cards and Medical Marijuana Caregiver cards and copies of front and back of any cards located for the seven named individuals.” The names of those under investigation are redacted from court records.
At that time, acting Attorney General Mike Cox, citing patient confidentiality, refused to release the information because state workers could become liable under the Michigan Medical Marihuana Act.
January 5th 2011, immediately after taking office, Schuette agreed to release the information to the DEA, because: “Pursuant to the Supremacy Clause of the U.S. Constitution, (Department of Community Health) understands it must comply with a valid court order to provide the requested information.”
Williams filed an emergency motion to intervene, January 11, 2011, citing issues with the federal supremacy clause, and patient confidentiality. He also argued that Schuette is refusing to act in the best interests of Michigan’s medical marijuana patients.
June 3, 2011 U.S. District Judge Hugh Brenneman Jr. ruled in favor of the Federal Supremacy argument, and ordered the State to comply with the DEA’s subpoena.
A Terrible Precedent
According to Williams, this ruling is, “a terrible precedent. Not only is there currently proposed legislation in MI to give a list of qualified medical marijuana patients over to state law enforcement officers,” he said by email, “but the DEA now has free reign to subpoena records from MDCH and they don’t even have to make a showing of probable cause to a federal magistrate.”
In the January emergency motion to intervene, Williams called the request for files a “fishing expedition,” and argued Schuette should recuse himself, due to his, “publicly stated adverse opinions and personal bias. It is indisputable that the AG is not adequately representing applicants’ interest.”
Schuette’s spokesman, John Sellek, said Schuette has no intention of recusing himself and denies Schuette’s opinion on medical-marijuana factors into his agreeing to give the information to the DEA. “There’s no conflict at all,” Sellek said. “You have to remember, the attorney general doesn’t make the decision.” He also said the attorney general’s office ultimately follows clients’ wishes.
However last year, Kelly Neibel, Michigan Department of Community Health spokeswoman said her agency refuses requests from police for information on marijuana patients without the patient’s consent. Her agency did not give release the files when the DEA first issued the subpoena, and told The Grand Rapids Press that while there are “many questionable issues raised by the law… one thing that’s clear is our responsibility at this department to ensure confidentiality for the people in the program.”
War on Medical Marijuana Heats Up
Leaders of the opposition to medical marijuana have long used the argument that federal law trumps state law. Last fall, Grand Rapids City Attorney Catherine Mish encouraged about 150 municipal leaders at a Michigan Municipal League Seminar on medical marijuana to join in a lawsuit challenging the validity of the Act. Also, two Michigan Judges, Dearborn District Judge Somers and Midland County Circuit Judge Jonathan E. Lauderbach, have issued rulings from the bench that the Michigan Medical Marihuana Act is unconstitutional because of federal preemption of state law.
The DEA recently re-iterated and clarified their long-standing position that Marijuana has “no accepted medical use,” in a response to The Cannabis Rescheduling Petition, which was successfully circulated in 2002. The petition outlines a scientific argument for why the federal government must legally recognize the accepted medical use of Cannabis (marijuana) and regulate it in the same fashion as pharmaceutical drugs. (See page 7)
The DEA, and Obama Administration’s continued refusal to accept medical marijuana was also clarified in a Memorandum for United States Attorneys from Deputy Attorney General James M. Cole dated June 29, 2011. The memo states, “Persons who are in the business of cultivating, selling or distributing marijuana, and those who knowingly facilitate such activities, are in violation of the Controlled Substances Act, regardless of state law.

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hic said:

Now another name has been put on the list to lives that were saved because I found God. If I did not have children I would take his ass out myself before breakfast. What a lucky fucker is he.

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jamiesname said:

It's almost safer not to certify now. Yeah the punishment would be much more severe if you're caught, but if you just have a small operation and keep theshit to yourself you probably won’t get caught to begin with. If the DEA didn'talready have, or is about to get my information I would definitely consider notcertifying just to stay off the grid. At the very least my name and addresswouldn't be sitting on some DEA officials desk.

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