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Feds Sue To Get Michigan Medical Marijuana User Records

The U.S. Attorney's office in Michigan is asking a federal judge to force the state's Department of Community Health to comply with a subpoena and turn over the medical marijuana records of 7 people under investigation by the DEA. Michigan law protects the confidentiality of those granted medical marijuana cards and makes disclosure a misdemeanor. The DEA subpoena seeks:

“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.”

Assistant U.S. Attorney John Bruha says:

a “state-created confidentiality provision … must yield to the enforcement power of the federal agency.”

[More...]

The names of the individuals are blacked out but Reason says:

the record request may be connected to a raid a few weeks ago on a medical marijuana garden operated by two caregivers in Okemos, which is near Lansing. The Drug War Chronicle reports that the two caregivers were growing a total of 40 plants, which seems to be well within the limits set by state law, since "caregivers can grow up to 12 plants each for up to five patients, as well as growing 12 plants for themselves if they are patients."

The DEA Spokesman in Detroit says:

[A]gents generally are "not targeting people that are unambiguously following the state medical marijuana law."

"The DEA targets large scale drug trafficking organizations and does not expend its resources on individuals possessing 'user amount' quantities of illegal drugs."

That line is getting old. 40 plants is now large-scale trafficking? As is the DEA's continual fallback on the line from DOJ's memo that those in "clear and unambiguous compliance with state law" should be left alone.

“As a general matter, pursuit of [federal law enforcement] priorities should not focus federal resources … on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.”

Since the memo took effect, Americans for Safe Access reports there have been more than 30 federal enforcement raids in California, Colorado, Hawaii, and Nevada, all of which allow for medical marijuana.

This sounds like a fishing expedition to me, where the DEA is seeking state records in its attempt to find evidence to support its theory the caregivers were not in "unambiguous compliance" with state law.

The DEA and DOJ are making similar attempts to find ambiguity in compliance with state law in Oakland:

Eight days after [Prop 19 was defeated] California’s four U.S. attorneys met with DEA and Justice Department officials to develop a plan to deal with some of the loopholes and gray areas in the state’s medical marijuana program, according to two officials briefed on the discussions. (my emphasis)

U.S. Attorney Benjamin Wagner said the Nov. 10 meeting focused on a "state-wide federal enforcement strategy" for marijuana but declined to provide details. “My responsibility is not to enforce state law. But I do have a responsibility to enforce federal law, which means putting an end to people who use the cover of 215 to try to violate federal law. And there are efforts underway to try to tighten that up,” Wagner said.

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  • Display: Sort:
    Michigan's law was a ballot initiative. (none / 0) (#1)
    by Mr Natural on Wed Dec 29, 2010 at 01:26:23 AM EST
    It was drafted and pushed by amateurs because the legislature was too lazy or frightened or right wing or all of those to do anything.  According to a friend of mine, an attorney, the "law" is a mess and riddled with ambiguity.  The Feds will have a field day with any poor ba$tard who lays his head on the line.

    Here are some of the problems (none / 0) (#5)
    by jbindc on Wed Dec 29, 2010 at 10:54:03 AM EST
    with the law.

    One of the biggest problems is that the law does not allow for dispensaries or cooperatives - they are still illegal under Michigan law, just as they are still illegal under federal law.  The law also does not specify how one may acquire medical marijuana.  All it does is provide protection for those assisting patients and caregivers in obtaining it.

    Parent

    Another example of Bush Too's sadistic hand still (none / 0) (#2)
    by SeeEmDee on Wed Dec 29, 2010 at 10:18:33 AM EST
    guiding Obama's 'Justice' department. This is what happens when you have Cheney's 'moles' at work, continuing to undermine any progress in issues like drug prohibition.

    Obama needs to unequivocally, forcefully tell the 'Justice' department to GTFO of these State issues and stick to Federal ones...which everyone with brains thought the Holder Memo regarding MMJ laws was supposed to do.

    Sadly... (none / 0) (#3)
    by kdog on Wed Dec 29, 2010 at 10:43:24 AM EST
    forcing the individual into submission by threat of violence over nonsensical non-crime appears to be a federal issue, and a pressing one at that. Don't ask me bro...

    Parent
    F.E.D.S. (none / 0) (#4)
    by Dadler on Wed Dec 29, 2010 at 10:52:33 AM EST
    F*ck Every Damn State

    what if it was oxycontin? (none / 0) (#6)
    by diogenes on Wed Dec 29, 2010 at 04:35:21 PM EST
    If I prescribe oxycontin and the DEA conducts a criminal investigation of the people I give it to, then with an appropriate judicial subpoena duces tecum then I have to hand over the records, no?
    I'm sure that if the "caregivers" are growing twelve plants per person then they will be fine.