Mich. Must Give Records in Medical Marijuana Probe

[Jacob Bell]

DETROIT (AP) - The state of Michigan must comply with a federal request to turn over the medical marijuana records of six people in the Lansing area, a judge said.

The Department of Community Health had refused to comply with a subpoena from federal agents without a court order. Michigan's 2008 medical marijuana law has a confidentiality provision with strict penalties for any violation.

"The use of marijuana remains a federal felony," U.S. Magistrate Judge Hugh Brenneman Jr. said Friday in Grand Rapids. "The new Michigan statute makes no claim, of course, that the federal government cannot continue to enforce federal law, or that the Michigan statute overrides federal law."

The U.S. Drug Enforcement Administration says it's interested in large-scale drug traffickers, not legitimate users of medical marijuana. It has refused to disclose details about the investigation of Lansing-area residents who apparently have medical marijuana cards issued by the state.

"Only the truly naive or the disingenuous would try to argue that the (law) will not be abused by others seeking a cover for illicitly using or distributing marijuana," Brenneman said in a 25-page order.

Jesse Williams, a Traverse City attorney for medical marijuana users, said the decision is "terrible."

"The DEA now has free reign to subpoena records ... and they don't even have to make a showing of probable cause to a federal magistrate," he said.

Williams sought to intervene in the case on behalf of the Michigan Association of Compassion Centers, a group of patients, providers and others involved in medical marijuana. Brenneman turned him down.

Williams said the Michigan attorney general's office, which represented the health department in court, should have fought release of the records.

"Why do you want to live in a state where you comply with a state law and then your own government isn't going to protect you? Who cares if it's marijuana?" Williams said Saturday.


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Website: Mich. must give records in medical marijuana probe

 

[purpletush]

Our AG, Bill Shuette, stood beaming in the background while he let this take place. He made no attempt to back up state law by refusing access to our records by the Feds.

14.101 Intervention; authorization.

Sec. 1.

The attorney general of the state is hereby authorized and empowered to intervene in any action heretofore or hereafter commenced in any court of the state whenever such intervention is necessary in order to protect any right or interest of the state, or of the people of the state. Such right of intervention shall exist at any stage of the proceeding, and the attorney general shall have the same right to prosecute an appeal, or to apply for a re-hearing or to take any other action or step whatsoever that is had or possessed by any of the parties to such litigation.

Whose interest is he really concerned with? I think it's B. S. 's.

 

[purpletush]

Our AG, Bill Shuette, stood beaming in the background while he let this take place. He made no attempt to back up state law by refusing access to our records by the Feds.

14.101 Intervention; authorization.

Sec. 1.

The attorney general of the state is hereby authorized and empowered to intervene in any action heretofore or hereafter commenced in any court of the state whenever such intervention is necessary in order to protect any right or interest of the state, or of the people of the state. Such right of intervention shall exist at any stage of the proceeding, and the attorney general shall have the same right to prosecute an appeal, or to apply for a re-hearing or to take any other action or step whatsoever that is had or possessed by any of the parties to such litigation.

Whose interest is he really concerned with? I think it's B. S. 's.

Only the truly naive or the disingenuous would try to argue that this decision will not be abused by LEO seeking a cover for illicitly conducting drug raids on compliant patients and caregivers from the information garnered by this probe. Bite it, Brenneman.