In a nut shell, The Federal Government with (a court order) got the State of Michigan's list of registered medical marijuana users and intend on prosecuting seven individuals.
GRAND RAPIDS The state agency that compiles confidential medical-marijuana information will comply with a federal request for access to its records if ordered to do so by a judge, the state said in court filings.
A hearing is Wednesday morning.
The state Department of Community Health, citing confidentiality laws, refused a June request by the U.S. Drug Enforcement Administration for access to records. The DEA had subpoenaed the records as part of its investigation into seven people in the Lansing area.
In court records, state Attorney General Bill Schuette and Assistant Attorney General Joshua Smith quoted confidentiality provisions in the medical-marijuana law: Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.
The law says those who violate confidentiality requirements can be charged with a misdemeanor and face civil penalties.
After the DEA served the June 6 subpoena, the state health agency said it could comply with the request only if it received a court order.
While state voters backed the use of medical marijuana, the drug remains illegal under federal law, which supersedes state law.
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, and that DCH, its employees and agents, will be immunized from liability for providing information that is confidential , the assistant attorney general wrote.
Accordingly, DCH will comply with a valid order from this court requiring DCH to comply with the DEA subpoena. The order should also make clear that, pursuant to the Supremacy Clause of the U.S. Constitution, DCH, its employees and agents will be immunized from liability for providing information that is confidential under the medical-marijuana law.
The hearing is set at 9 a.m. Wednesday before U.S. District Magistrate Judge Hugh Brenneman Jr.
The DEA wants "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 the seven were redacted in court records.
GRAND RAPIDS The state agency that compiles confidential medical-marijuana information will comply with a federal request for access to its records if ordered to do so by a judge, the state said in court filings.
A hearing is Wednesday morning.
The state Department of Community Health, citing confidentiality laws, refused a June request by the U.S. Drug Enforcement Administration for access to records. The DEA had subpoenaed the records as part of its investigation into seven people in the Lansing area.
In court records, state Attorney General Bill Schuette and Assistant Attorney General Joshua Smith quoted confidentiality provisions in the medical-marijuana law: Applications and supporting information submitted by qualifying patients, including information regarding their primary caregivers and physicians, are confidential.
The law says those who violate confidentiality requirements can be charged with a misdemeanor and face civil penalties.
After the DEA served the June 6 subpoena, the state health agency said it could comply with the request only if it received a court order.
While state voters backed the use of medical marijuana, the drug remains illegal under federal law, which supersedes state law.
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, and that DCH, its employees and agents, will be immunized from liability for providing information that is confidential , the assistant attorney general wrote.
Accordingly, DCH will comply with a valid order from this court requiring DCH to comply with the DEA subpoena. The order should also make clear that, pursuant to the Supremacy Clause of the U.S. Constitution, DCH, its employees and agents will be immunized from liability for providing information that is confidential under the medical-marijuana law.
The hearing is set at 9 a.m. Wednesday before U.S. District Magistrate Judge Hugh Brenneman Jr.
The DEA wants "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 the seven were redacted in court records.
