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As founder of Michigan Association of Compassion Clubs, Jamie Lowell thinks the federal government's request for records on the state's medical-marijuana registry will discourage legal use.
He knows of a teacher who could use marijuana, but she is terrified of being identified.
"When you get the application, you are under the impression all of the information will remain confidential," he said Tuesday, outside of U.S. District Court.
"People aren't going to have that peace of mind, and they'll think twice."
While proponents of the state's medical-marijuana law say release of records would hurt those who benefit by using marijuana, federal prosecutors say a narrow request for records is needed to determine if seven people, under investigation in the Lansing area, violated terms of medical-marijuana licenses.
U.S. District Magistrate Hugh Brenneman Jr. heard arguments Tuesday. If the state and federal governments consent, he will issue a written ruling. If not, he will issue a report and recommendation for U.S. District Judge Gordon Quist to make a determination.
Brenneman did not say how long the process would take.
Police last summer raided an unidentified building, and discovered marijuana plants. The government wants to know whether the suspects are registered as patients and caregivers because there are limits to the number of plants and amount of marijuana that can be kept.
Patients who receive marijuana from caregivers could also become witnesses if the caregiver faces charges.
Assistant U.S. Attorney John Bruha argued that Michigan Association of Compassion Clubs, or MACC, has no legal standing to intervene in the case between the federal and state governments. He said that the subpoena was legally issued, and should be enforced, particularly when MACC cannot say if it represents any of the targets of the investigation.
MACC attorney Jesse Williams suspects that some of its members are under investigation, but with no names released, cannot know for certain.
He said MACC needs to intervene because state Attorney General Bill Schuette, an opponent of medical marijuana, isn't representing state residents. Schuette agreed to turn over the information upon a judge's order.
"MACC certainly has a significant legal interest," Williams said.
Bruha said that medical-marijuana advocates have built a case based on "rather vague confidentiality provisions," in the law. The federal government could legally obtain the information on specified patients through a third party, or the state, which does not violate constitutional rights against self-incrimination because "the target is not being forced or compelled to do anything," he said.
Possession of marijuana, even for medical purposes, is illegal under federal law. But the Department of Justice currently will not go after those who legally use medical marijuana.
Brenneman asked Williams numerous questions about his stance that records should be private. In particular, he wondered why the Supremacy Clause, which makes federal law the highest law, wouldn't be applicable.
"If there's a conflict (between state and federal laws), isn't that where the Supremacy Clause says the federal government wins? If it makes direct conflict with federal law, then don't you have a Supremacy issue?"
Brenneman also said the reason that medical-marijuana users have cards is to show law enforcement, and avoid problems.
News Hawk: MedicalNeed 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us
Copyright: 2010 Michigan Live LLC.
Website:Advocates for Michigan's medical-marijuana law fear disclosure of records will hurt patients
He knows of a teacher who could use marijuana, but she is terrified of being identified.
"When you get the application, you are under the impression all of the information will remain confidential," he said Tuesday, outside of U.S. District Court.
"People aren't going to have that peace of mind, and they'll think twice."
While proponents of the state's medical-marijuana law say release of records would hurt those who benefit by using marijuana, federal prosecutors say a narrow request for records is needed to determine if seven people, under investigation in the Lansing area, violated terms of medical-marijuana licenses.
U.S. District Magistrate Hugh Brenneman Jr. heard arguments Tuesday. If the state and federal governments consent, he will issue a written ruling. If not, he will issue a report and recommendation for U.S. District Judge Gordon Quist to make a determination.
Brenneman did not say how long the process would take.
Police last summer raided an unidentified building, and discovered marijuana plants. The government wants to know whether the suspects are registered as patients and caregivers because there are limits to the number of plants and amount of marijuana that can be kept.
Patients who receive marijuana from caregivers could also become witnesses if the caregiver faces charges.
Assistant U.S. Attorney John Bruha argued that Michigan Association of Compassion Clubs, or MACC, has no legal standing to intervene in the case between the federal and state governments. He said that the subpoena was legally issued, and should be enforced, particularly when MACC cannot say if it represents any of the targets of the investigation.
MACC attorney Jesse Williams suspects that some of its members are under investigation, but with no names released, cannot know for certain.
He said MACC needs to intervene because state Attorney General Bill Schuette, an opponent of medical marijuana, isn't representing state residents. Schuette agreed to turn over the information upon a judge's order.
"MACC certainly has a significant legal interest," Williams said.
Bruha said that medical-marijuana advocates have built a case based on "rather vague confidentiality provisions," in the law. The federal government could legally obtain the information on specified patients through a third party, or the state, which does not violate constitutional rights against self-incrimination because "the target is not being forced or compelled to do anything," he said.
Possession of marijuana, even for medical purposes, is illegal under federal law. But the Department of Justice currently will not go after those who legally use medical marijuana.
Brenneman asked Williams numerous questions about his stance that records should be private. In particular, he wondered why the Supremacy Clause, which makes federal law the highest law, wouldn't be applicable.
"If there's a conflict (between state and federal laws), isn't that where the Supremacy Clause says the federal government wins? If it makes direct conflict with federal law, then don't you have a Supremacy issue?"
Brenneman also said the reason that medical-marijuana users have cards is to show law enforcement, and avoid problems.
News Hawk: MedicalNeed 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us
Copyright: 2010 Michigan Live LLC.
Website:Advocates for Michigan's medical-marijuana law fear disclosure of records will hurt patients
