Oregon: DEA Seizes Medical Marijuana Patient Records For Federal Investigation

[RomulusUSA]

A friend sent this to me today. I figured it was interesting and relevant to us all.

http://hemp.org/news/content/oregon...rijuana-patient-records-federal-investigation

The fears of some medical marijuana patients that state patient registries could be used against them appear, unfortunately, to have been well-founded. A federal search warrant forced the Oregon Medical Marijuana Program (OMMP) to hand over patient records, according to recently discovered court papers.
The warrant was executed last November against OMMP, the state agency administering the Oregon Medical Marijuana Act, voted into law in 1998, reports Jake Ellison at Seattle PI.
A special agent for the Drug Enforcement Administration (DEA) obtained the warrant to "aid in his investigation" of growers in Oregon suspected of black market pot dealing.
"I know that in order to effectively pursue this investigation I need to investigate each of the patients, growers and caregivers associated with" names which turned up in the investigation, wrote DEA special agent Michael Gutensohn.
"I have probable cause to believe that records from the Oregon Medical Marijuana Program will contain evidence and intstrumentalities of marijuana manufacturing and trafficking and conspiracy to commit marijuana manufacturing and trafficking offenses," Gutensohn claimed. (It seems odd that Gutensohn would claim to believe that evidence of black market diversion would be contained in official state records of the medical marijuana program.)
"Representatives of the Oregon Medical Marijuana Program are ordered not to disclose the existence or contents of the search warrant, except to the extent necessary to carry out the warrant," reads the first page of the DEA warrant showing what the feds were after.
"The items to be searched for, seized and examined include the names, addresses, telephone numbers, birthdates, Oregon Driver's License numbers or other Government Issued ID number for Patients, Growers and Caregivers in the Oregon Medical Marijuana Program database or files," the DEA warrant reads.
A spokeswoman for the U.S. Attorney's Office for Oregon confirmed that records specifically listed in the warrant were seized. Spokeswoman Gerri Badden said that the investigation "may be ongoing," in which case no other information relating to the case would be public at this point.
Because cannabis is still illegal and considered a Schedule I controlled substance under federal law -- with "letters of understanding" from the U.S. Department of Justice being the only thin protection between medical marijuana growers, suppliers and buyers and the federal government -- any official state medicinal cannabis patient records can be seen by federal agents as "evidence of wrongdoing."
In Oregon, the state is responsible for keeping medical marijuana patient records, including suppliers and growers. Neighboring Washington has no official state registry for medical marijuana patients, but as legalization measure Initiative 502 is implemented, the Washington State Liquor Control Board will at least have records of licensed recreational growers and sellers. A bill currently before the Washington Legislature would turn over control of the medical part of the marijuana business to the Liquor Control Board, as well.
Oregon state officials were concerned enough about the prospect of federal law enforcement agents going through state medical marijuana records to set up a firewall.
Officials with the Oregon Public Health Division, which runs the OMMP, said the agency "routinely releases records pursuant to a court order." But "it is also true that OMMP does what it can to avoid releasing medical records when it gets a court order if medical records are not needed," said Jonathan Modie, a spokesman for the division.
"However, the Act does not protect medical marijuana plants from seizure or individuals from prosecution if the federal government chooses to take action against registered cardholders under the federal Controlled Substances Act," Modie said.
"I want to emphasize, though, that unless compelled to do so by a court order, the OMMP does not give out information about patients, caregivers, or growers," Modie said.
This week, federal efforts to seize medical marijuana records in Mendocino County, California, were officially turned down. The county has, so far, been able to keep the patient records private.
In October, Northern California's U.S. Attorney sent a "chilling subpoena" to the county demanding records of that county's unique arrangement with medical marijuana growers, reported the East Bay Express.
That federal subpoena demanded "names and locations of pot gardeners, county bank records, 'any and all' illegal correspondence, etc. The grand jury subpoena stepped all over medical record privacy laws, and the attorney client privilege, lawyers in the case noted."
Mendocino County officials hired a lawyer and fought the subpoena; the county says "no personal identifying information will be reported to the U.S. Attorney."

 

[OLDproLg]

Oh yah,keep trying feds.....

Sounded scary,hope all goes well..
THings are getting bad again in there war?
anyway ya look at it....not good.

 

[GP73LPC]

nice

 

[jhefy]

RE thread

RE thread

I lived in Portland around this time and Dwight Houton(sp! don't care) shut down all the clinics in Portland. They zeroed in on some clinics that were doing large daily sales. unofficial scuttlebutt said that after large amounts of "Taxes" were caught up on (roughly a 2 week wait) and lots of $, most doors opened back up, the ones with new cars didn't! Politics.....

 

[Mud Boy]

This is exactly why I will never even consider getting a MM card.

 

[xmobotx]

more draconian tyranny huh/will of the people notwithstanding

founding fathers notwithstanding even

!

 

[Blue Socks]

This is exactly why I will never even consider getting a MM card.

The only way I will consider it is if Congress actually passes the legislation saying the DEA must respect all states MMJ laws and leave those folks alone. If that passes and O signs it I would consider getting a card but until then, fuck that!

 

[Mud Boy]

I'm holding out for rescheduling. The feds will never back off as long as cannabis is schedule one. I don't care how many laws they pass respecting state rights, the DEA can never be trusted, ever. Michigans' MM law passed by 63% and carried every county, but the AG Bill Schuette foams at the mouth every time it's mentioned. He's doing everything he can to get his hands on the registry, but if he gets it, my name won't be on it.

 

[festivus]

I would wager the feds have had the registry information all along. The warrant makes it legal so it can be used in court without being thrown out.

The saying "It's darkest before the dawn" applies to cannabis normalization. They are going to go all out until the final bell sounds.

 

[DoomsDay]

Ding ding ding!!!^^^^ nail on the head. Gov. Will do anything in te power right now to keep legalization from happening until they can find a way to have he plant patented and retained by a single pharmaceutical company. From there they have a way to ensure they can "issue" it to those they deam "worthy of treatment" while still lining their pockets as best they can. C'mon people.... It always comes down to the bottom line. Money. And no way in hell the government is not going to get as much cash out of this crop as possible.

 

[trichrider]

it always has been about the money. the very reason for prohibition was money...still is.

 

[al-k-mist]

Is this true? has anybody verified it?
If so, no matter what the fuck, people have recourse against the dea, because the cards are issued by the oregon health authority, state issued. like, by the government of the state of oregon
it violates the medical privacy thingamajigs, period

in my opinion

 

[DIDM]

there is a guy running for Sheriff of his area in OR who says if he is elected he will arrest any federal agent messing with the med program

this is the mentality of thsi great state, we have wanted to secede forever now, we get next to no federal funding because we don't conform to what they say we should do.

OREGON always has, and always be, the land of the free minded.


When the penalty is being cut off from federal funds, you raise the cost of the card, and everything works out for everyone's best interest. Seriously, marijuana helped our youngsters get an education, raising the medal card cost helped save education in Oregon. So in reality, marijuana made a TON of kids smarter!

 

[DIDM]

Is this true? has anybody verified it?
If so, no matter what the fuck, people have recourse against the dea, because the cards are issued by the oregon health authority, state issued. like, by the government of the state of oregon
it violates the medical privacy thingamajigs, period

in my opinion

in reality the state would have to be charged with compliance, so they would defend you!

This is like a parent trying to ground their adult son,

 

[al-k-mist]

^^ indirectly
and directly, too, of course. since it helps some people focus who otherwise wouldnt bee able to pursue their education.
not to mention the attitudes have made kids less succeptable to babylons military/media/corporate/consumerism....

 

[VenturaHwy]

"A federal search warrant forced the Oregon Medical Marijuana Program (OMMP) to hand over patient records, according to recently discovered court papers."

If the guy in charge had any guts at all he would have told the DEA to get lost and laughed in his face. He was a coward... he should have fought for his patients.

 

[supermanlives]

the feds get what they want and do what they want. that's why I didn't get a card in cali . I aint on any list mutherfuckers. nothing in 215 says I have to get card.

 

[Drift13]

Yep the F*cking Feds only write the HIPPA laws they don't follow them. FTF

 

[jimbojr]

Looks like some more Supreme Court cases coming down the pike....

 

[Lemon Larry]

?