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DEA in court against Michigan 1/12

danut

Member
Grand Rapids Michigan.

The DEA will be in court on 1/12 in the attempt to force the state of Michigan to release the records of seven registered people.

Rumor has it that the AG of Michigan has directed the Michigan Department of Community Health (MDCH) to comply with the DEA.

http://www.mlive.com/news/grand-rapids/index.ssf/2011/01/judge_to_hear_dea_request_to_o.html

GRAND RAPIDS – A hearing is set next week in the federal government's request for access to certain state medical-marijuana records.

U.S. Drug Enforcement Administration agents is seeking the records related to a Lansing-area investigation of seven people.

-- snip -- click the link for more
 
T

theJointedOne

Is that even legal...oh wait i forgot the DEA could care less about "legal" this or that....fucking bumbaclot DEA cowboys u da bloodclaaats burn
 

David762

Member
The tyranny of the police state consolidates ...

The tyranny of the police state consolidates ...

Grand Rapids Michigan.

The DEA will be in court on 1/12 in the attempt to force the state of Michigan to release the records of seven registered people.

Rumor has it that the AG of Michigan has directed the Michigan Department of Community Health (MDCH) to comply with the DEA.

http://www.mlive.com/news/grand-rapids/index.ssf/2011/01/judge_to_hear_dea_request_to_o.html

I could have sworn that medical records were sacrosanct under doctor-patient confidentiality (HIPPA), you know, more like the confidentiality of lawyer-client protections under the Constitution.

http://en.wikipedia.org/wiki/HIPPA
http://avalon.law.yale.edu/18th_century/usconst.asp

But the Feds often don't even bother with a search warrant issued by a judge anymore -- they sometimes don't even bother with a National Security Letter -- just the threat of a NSL.

http://en.wikipedia.org/wiki/National_Security_Letters
http://www.wired.com/threatlevel/2007/03/living_under_a_/

It would appear that the Obama regime is not just continuing that fine (snark) tradition established by the GW Bush regime of the tyrannical police state, but expanding upon it. The War on|of Terror and the War on|of Drugs have merged, and lowly MMJ patients have now popped up on the radar of the Feds as "potential terrorists".

These days, post-AG Holder memo, when the DEA conducts raids on State-legal MMJ dispensaries and collectives charges are not always pressed against the participants, but they always collect the intel bonanza of patient lists, doctors' recommendations, etcetera. It isn't difficult to logically surmise that the Feds are building up to something bad for the entire MMJ community.

Sic semper tyrannis
 

ghostly

Member
terrorist medical

terrorist medical

they wouldn't release the terrorist medical records in Gitmo, when folks were trying to see what kind of medicine they were "administering"... why?
the government said it would violate their HIPPA rights.

I could have sworn that medical records were sacrosanct under doctor-patient confidentiality (HIPPA), you know, more like the confidentiality of lawyer-client protections under the Constitution.

http://en.wikipedia.org/wiki/HIPPA
http://avalon.law.yale.edu/18th_century/usconst.asp

But the Feds often don't even bother with a search warrant issued by a judge anymore -- they sometimes don't even bother with a National Security Letter -- just the threat of a NSL.

http://en.wikipedia.org/wiki/National_Security_Letters
http://www.wired.com/threatlevel/2007/03/living_under_a_/

It would appear that the Obama regime is not just continuing that fine (snark) tradition established by the GW Bush regime of the tyrannical police state, but expanding upon it. The War on|of Terror and the War on|of Drugs have merged, and lowly MMJ patients have now popped up on the radar of the Feds as "potential terrorists".

These days, post-AG Holder memo, when the DEA conducts raids on State-legal MMJ dispensaries and collectives charges are not always pressed against the participants, but they always collect the intel bonanza of patient lists, doctors' recommendations, etcetera. It isn't difficult to logically surmise that the Feds are building up to something bad for the entire MMJ community.

Sic semper tyrannis
 

Hash Zeppelin

Ski Bum Rodeo Clown
Premium user
ICMag Donor
Veteran
^they just wanted to cover up all the experimental nazi type shit they did to them.
 
T

theJointedOne

that is some dam good info thanks very much guys you rock, great info and great thread, I hope the dea...well...im not gonna say what i hope cuz there prob reading this lol
 
So who can be sued of this, the AG for allowing it if he does? The MDCH for giving in to the AG? It is part of the law that they will go to jail for giving out this info

Who will sue them? The 7 arrested or the 45,000 card holders because this is not what I paid for when I bought the right to my medicine, I thought I bought confidentuallity (sp?) of my medical records
 

SOTF420

Humble Human, Freedom Fighter, Cannabis Lover, Bre
ICMag Donor
Veteran
Anytime there is a record kept of anything it's not confidential that's why it's there in the first place really if you think about it. Illusions of privacy are just that, illusions! :crazy:
 

danut

Member
State right to self determination is becoming up front and central in Michigan.

In June of last year the DEA requested information, from the Michigan Department of Community Health (MDCH), about seven persons that had been issued medical marijuana cards.

The Michigan law establishes a privileged communication between the applicant and the state licensing agency (MDCH).

The protection is so strong that breaches of this privileged communication is a criminal offense.

Examples of privileged communication are between a husband and wife or between a client and attorney.

The new attorney general of Michigan, Bill Schuette, has submitted a response to federal court. In that answer, Schuette states a willingness to provide the information to the DEA.


 
T

theJointedOne

so if it was established as a crime to break the state patient confidentiality then these patients as well as any other in the system can sue the new DA...yeaaaah i hope someone does
 

Zendo

Member
This is why every person who voted to pass Prop.1 needed to show up and vote for attorney general, instead they sat at home and:bongsmi:

There was a pro/friendly AD in the running, but voters just dropped the ball..

Once they get the 7, they know they have the rest anytime they want it..

Here comes the sh*t storm..
 

danut

Member
I believe the new AG has entered into a criminal conspiracy to deprive citizens of lawfully established rights and protections.
 

PoopyTeaBags

State Liscensed Care Giver/Patient, Assistant Trai
Veteran
Its illegal as hell to give up information like that... i do believe if or when they do they will be sued... I talked to one of the guys that they are pulling the records for and he seem pretty sure it was illegal as hell and someone will pick up a law suit on it.... If not were all fucked and whats the point of it being confidential???
 

northstate

Member
ICMag Donor
The whole privacy thing is very important and registering to be on a list for legal(state) medical reasons then have fear .gov wants to peek at it to make sure they can arrest you? Sucks! it sounds like its illegal and shows states should stand up and I hope they do. That letter is bad news and I feel sorry for people who wage war on a plant. NS
 

danut

Member
I know of one caregiver that was arrested and had charges dropped.

Before he had his charges dropped, the MDCH refused to issue a renewal card to be a caregiver for his own father. In writing, the MDCH explained that the department had been in contact with the PA and that if his case resulted in a conviction, he would not be qualified to hold the card.

Several wrong items with that picture. Starting with the MDCH having a conversation with the PA.
 

danut

Member
399 Federal Bldg
110 Michigan St NW
Grand Rapids MI 49503

Before Hon. Gordon J. Quist
Mag. U.S. District Judge

grmap.gif
 

hazy

Active member
Veteran
I hope you guys get it worked out up there. We need a victory to help set a precedent. It'll benefit caregivers everywhere.
I hope some MMJ types up there show up and protest these things.
 

danut

Member
Action is taking place fast on this one.

This hearing has been postponed until 2/1 .. same bat time same bat place ..

different judge.

NOTICE RESCHEDULING MOTION HEARING regarding document number [1] that was previously set for 1/12/2011 at 9:00 AM; motion hearing is rescheduled for 2/1/2011 at 09:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;(Magistrate Judge Hugh W. Brenneman, Jr., fhw)

NOTICE OF MOTION HEARING regarding document number [7] emergency motion to intervene third-party defendant: responses due by 1/25/2011; motion hearing is set for 2/1/2011 at 09:00 AM at 584 Federal Building, Grand Rapids, MI before Magistrate Judge Hugh W. Brenneman Jr.;(Magistrate Judge Hugh W. Brenneman, Jr., fhw)

So .. don't drive through the snowstorm tomorrow to Grand Rapids.
 
why do they want the record of these 7 people? why just 7? is this kind of like their "test"? if they can get these 7 peoples info first, they wont have any problems in the future getting anyones record
 

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