Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
ASA Files Federal Court Briefs to Protect Patient Privacy
Michigan Case Could Set Precedent for Medical Cannabis Programs
Americans for Safe Access has filed papers on behalf of patient privacy in a widely watched federal case that could set a national precedent. ASA is opposing an attempt by the Justice Department to subpoena patient information from Michigan’s medical cannabis program. The Obama Administration is suing the Michigan Department of Community Health (DCH) to obtain the records of seven state-registered patients. DCH has refused to release the documents based on privacy provisions in Michigan's medical cannabis law.
"Patient privacy is a critical ethical obligation of medical and public health officials," said ASA Chief Counsel Joe Elford, author of the amicus brief filed today. "Federal officials should not be able to violate that right to privacy, especially for state-qualified medical cannabis patients who are vulnerable to prosecution under federal law."
In July and December of last year, the federal Drug Enforcement Administration raided several patient cultivators who were participating in the Michigan medical cannabis program. So far, two caregivers have been indicted on federal charges, and the DEA is seeking all Michigan state program records for seven individuals who have not been publicly named. Michigan’s medical cannabis law makes it a misdemeanor criminal offense to disclose that confidential patient or caregiver information, but the incoming Attorney General, Bill Schuette, a vocal opponent of the state program, has indicated he will turn over the records if the federal court can immunize him from liability under the law.
A federal court hearing February heard arguments that disclosing private records will have a chilling and harmful effect on patients throughout the U.S. given the continuation of aggressive federal enforcement actions under the Obama Administration.
In addition to ASA’s brief, Cannabis Patients United (CPU) has also filed opposition to the subpoenas and the Michigan Association of Compassion Clubs (MACC), a group of more than 40 Michigan patients and providers, is attempting to intervene as an affected party in the case. In 2007, a federal district court quashed similar subpoenas that sought the private records of 17 registered patients in the Oregon Medical Marijuana Program.
Employment Rights Bill Introduced in Calif.
A bill to protect Californians from being fired for being medical cannabis patients has been introduced. The legislation would reverse a 2008 California Supreme Court decision allowing employers to terminate or refuse to hire workers with a physician's recommendation for medical cannabis. The measure’s author, State Senator Mark Leno (D-San Francisco), says Senate Bill 129 would not change current law, which prohibits employees from using medical cannabis in the workplace.
“The Supreme Court would have us belief that when voters passed the Compassionate Use Act they intended it to only apply to the unemployed,” said Sen. Leno in announcing the bill, which is sponsored by ASA. “That’s not reasonable.”
A similar employment rights bill, AB 2279, was approved by the legislature in 2008 with broad support from disability rights, labor, medical and legal groups, but was vetoed by then-Governor Schwarzenegger. That bill was introduced in the wake of a 2008 state Supreme Court ruling in the case of Gary Ross, a systems engineer who lost his job in 2001 for testing positive for cannabis. Ross has a doctor’s recommendation to use cannabis to treat chronic back pain from an injury he sustained while serving in the Air Force. Ross sued and lost, but appealed to the California Supreme Court with the help of ASA.
“Like anyone else, patients just want to be productive members of society," said Don Duncan, ASA California Director."They deserve the same employment protections as those who use any other medication."
SB 129 would not change existing state law that prohibits medical cannabis consumption at the workplace or during working hours. "Safety-sensitive" positions such as health care providers, school bus drivers, and operators of heavy equipment would be exempted.
Advocates have estimated that more than 400,000 medical marijuana patients live in California.
Patient Advocates Rally in Mich. and Nev.
Medical cannabis advocates staged coordinated rallies this month in two Michigan cities and Las Vegas, Nevada, to protest recent federal raids. Over the past six months, medical cannabis patients and caregivers in both states have been the targets of DEA raids. In Michigan, two caregivers have been indicted, and the Justice Department is pursuing medical records for 7 registered Michigan patients, despite strong privacy provisions in that state's medical marijuana law. In Las Vegas, 15 patients and providers were arrested on federal charges last month.
"State and local medical cannabis laws should be implemented and enforced by state and local officials," said Caren Woodson, ASA’s Government Affairs Director. "These recent raids are not just inconsistent with the Obama Administration’s policy, they interfere with the rule of law in these communities."
DEA raids in early January resulted in a dozen arrests and the seizure of medicine, money and other property. The arrests followed similar federal raids conducted last September. Those arrested face a panoply of federal charges, including conspiracy to distribute marijuana, distribution of marijuana, conspiracy to commit money laundering, distribution of marijuana near schools or colleges, possession of a firearm in relation to drug trafficking and failing to disclose or concealing information concerning Social Security benefits.
The federal actions in Nevada followed controversial raids on multiple cultivators near Lansing, Michigan, in which heavily armed federal agents were assisted by troops for the National Guard. By law, the National Guard is to be deployed domestically only under emergency orders from the governor.
"The use of military troops against law-abiding farmers sets a dangerous precedent," said Woodson. "Disagreements over state-sponsored public health programs are not going to be resolved with M16s."
Back to Top
Colo. Cannabis Regulations Disregard Privacy
Proposed changes in Colorado’s medical cannabis regulations would put patient privacy at risk by allowing law enforcement unfettered access to surveillance information. In response, ASA has filed a letter of opposition with the State Licensing Authority of the Colorado Department of Revenue, and Executive Director Steph Sherer wrote a critical commentary on the issue for the Huffington Post.
“In the rush to regulate Colorado's burgeoning medical cannabis distribution system, the privacy rights of patients have been disregarded,” says Sherer. “Of the many issues the state must deal with, patient privacy should be at the forefront.”
The ASA letter highlights concerns over private patient records being made available to an increasing number of people, including court clerks and other court staff as well as law enforcement. ASA contends that access to this information should be restricted as provided for under the Health Insurance Portability and Accountability Act (HIPAA), which protects medical records.
The concern over law enforcement surveillance has been compounded by Justice Department attempts to subpoena medical cannabis program records in both Michigan and Oregon. Colorado law makes it a misdemeanor crime to reveal any confidential information related to medical cannabis patients.
Protests Continue in San Luis Obispo
Medical cannabis activists in the San Luis Obispo area are coordinating rallies this month in support of patients and providers facing charges there. On the first two Thursdays of the month, Feb 3 and Feb 10, activists will be passing out informational flyers at the San Luis Obispo Farmers Market. Several of those arrested will appear in court on Feb 9 and 10, and another has a pre-trial hearing on Feb 14.
During a three-day period at the end of December, local and state law enforcement agencies raided seven collectively run medical cannabis delivery services, arresting 15 people on felony charges, with bail set at up to $100,000. In addition to seizing medicine, money, computers and other property, police have also frozen some bank accounts. Several of those arrested were charged with child endangerment, and Child Protective Services removed at least six children from three families.
A courthouse protest in January that coincided with the arraignment of one of the providers helped persuade two of the County Supervisors to speak with incoming Sheriff Ian Parkinson to clarify his stance on medical cannabis.
"I want to be sure that the sheriff is applying his precious resources in a rational way," District 2 Supervisor Bruce Gibson told local media. "I would hope that he would pursue violations of our drug laws, but not a fruitless pursuit of those following the rules."
Voters in nearby Morro Bay defeated a ballot initiative in November that would have banned dispensaries, and city officials are now considering a dispensary ordinance. Many medical cannabis patients have turned to delivery services, since all of the incorporated cities in San Luis Obispo County have adopted moratoriums or outright bans against storefront medical marijuana dispensaries.
The raided collectives include: Cannafornia Health Services out of Atascadero; Santa Barbara Collective out of Tarzana, in Los Angeles; Open Access Foundation, Trilogy Health Services and Harmonic Alliance out of Paso Robles; and Hopeful Remedies and West Coast Caregiving out of Pismo Beach.
Medical cannabis advocates in San Luis Obispo will be gathering for the Farmer’s Market rallies on Feb 3 and Feb 10 at 5:30 pm at the Creamery’s Nipomo Street parking lot, just off Higuera Street. Everyone is encouraged to make appropriate signs and wear ASA t-shirts if they have them.
LA City Council Tweaks Rules Again
Emmy-award-winning talk show host Montel Williams was among the medical cannabis patients who last month told a Los Angeles City Council meeting that a lottery for assigning permits to dispensaries is a bad idea.
The lottery was proposed by the City Attorney’s office in response to a judge’s preliminary injunction blocking enforcement of the previous ordinance. A representative of the City Attorney told the council they had to adopt the lottery approach because the judge has “put our feet to the fire.” That comment drew the ire of Williams, who has become an outspoken advocate for medical cannabis since disclosing it is the only medication that eases his multiple sclerosis symptoms.
“Holding feet to the fire? Let me explain something to you,” said Williams. “For the last 10 years, from morning til night, 24 hours a day, 365 days a year, I have absolute neuropathic pain through my feet, my shins, my side and my face. You walk in and out of here every day and don’t think about your feet. Mine I have to think about every second of the day.”
Nonetheless, the council voted to adopt a lottery to select 100 collectives from those that were operating prior to two years ago, when the council passed an Interim Control Ordinance in an unsuccessful attempt to stem the proliferation of dispensaries in LA.
The council also passed amendments to remove the two-year sunset clause on the ordinance and provide more protection for patients’ medical records.
“A selection process that ignores longevity, performance, and goodwill is a mistake,” said ASA California Director Don Duncan. “But eliminating the sunset clause means those that remain won’t be threatened with closure in two years, and protecting patient privacy is a critical victory.”
The Los Angeles City Council still has pending a motion to ban collectives entirely, which is supported by the City Attorney, Carmen Trutanich.
ASA has worked with officials in Los Angeles to promote sensible regulations since 2005. ASA has provided research that shows regulations reduce crime and complaints around collectives, while preserving access for qualified patients.
ASA Activist Boot Camp this Month
On February 19-20, Americans for Safe Access is conducting the nation's first medical cannabis virtual skill-building conference. The National Call to Action is a chance to join thousands of activists for two days of community-building, skill-sharing and strategic planning.
ASA has been hosting trainings and workshops for nearly a decade. As state after state has passed medical cannabis laws, and more consider them every year, ASA has received requests from across the country for help with expanding the grassroots base of activists and developing a national strategy for securing safe access.
To accommodate that demand, ASA has developed this two-day virtual conference so that patients and activists everywhere can participate and become more effective advocates.
Local hosts will receive a DVD of trainings, workshops, and speeches from key leaders and allied politicians, and will join in direct community-building interactions with ASA. These DVDs make our trainings available for ASA chapters to use over and over again as new activists join the movement.
ASA chapters and affiliates across the country will act as regional hosts for the National Call to Action Activist Boot Camp, with ASA staff offering one-on-one assistance. ASA National will provide posters and handouts to help with promoting the event, along with DVDs and workshop materials.
The two-day conference costs $75 for the weekend ($50 for current ASA members). For more information, email amber@safeaccessnow.org.
ACTION ALERT: Call Your Congress-Critter
Whether you’ve got a new Representative or Senator, or one from the last century, a new Congressional session is the time to reach out. A phone call to let them know that you, their constituent, cares about what Congress is doing about medical cannabis can make a difference.
Take a few minutes to urge your Rep to co-sponsor The Truth in Trials Act when it’s introduced again, as it has been every year since 2003. You can reach your Representative through the Capitol Switchboard at 202-224-3121.
Michigan Case Could Set Precedent for Medical Cannabis Programs
Americans for Safe Access has filed papers on behalf of patient privacy in a widely watched federal case that could set a national precedent. ASA is opposing an attempt by the Justice Department to subpoena patient information from Michigan’s medical cannabis program. The Obama Administration is suing the Michigan Department of Community Health (DCH) to obtain the records of seven state-registered patients. DCH has refused to release the documents based on privacy provisions in Michigan's medical cannabis law.
"Patient privacy is a critical ethical obligation of medical and public health officials," said ASA Chief Counsel Joe Elford, author of the amicus brief filed today. "Federal officials should not be able to violate that right to privacy, especially for state-qualified medical cannabis patients who are vulnerable to prosecution under federal law."
In July and December of last year, the federal Drug Enforcement Administration raided several patient cultivators who were participating in the Michigan medical cannabis program. So far, two caregivers have been indicted on federal charges, and the DEA is seeking all Michigan state program records for seven individuals who have not been publicly named. Michigan’s medical cannabis law makes it a misdemeanor criminal offense to disclose that confidential patient or caregiver information, but the incoming Attorney General, Bill Schuette, a vocal opponent of the state program, has indicated he will turn over the records if the federal court can immunize him from liability under the law.
A federal court hearing February heard arguments that disclosing private records will have a chilling and harmful effect on patients throughout the U.S. given the continuation of aggressive federal enforcement actions under the Obama Administration.
In addition to ASA’s brief, Cannabis Patients United (CPU) has also filed opposition to the subpoenas and the Michigan Association of Compassion Clubs (MACC), a group of more than 40 Michigan patients and providers, is attempting to intervene as an affected party in the case. In 2007, a federal district court quashed similar subpoenas that sought the private records of 17 registered patients in the Oregon Medical Marijuana Program.
Employment Rights Bill Introduced in Calif.
A bill to protect Californians from being fired for being medical cannabis patients has been introduced. The legislation would reverse a 2008 California Supreme Court decision allowing employers to terminate or refuse to hire workers with a physician's recommendation for medical cannabis. The measure’s author, State Senator Mark Leno (D-San Francisco), says Senate Bill 129 would not change current law, which prohibits employees from using medical cannabis in the workplace.
“The Supreme Court would have us belief that when voters passed the Compassionate Use Act they intended it to only apply to the unemployed,” said Sen. Leno in announcing the bill, which is sponsored by ASA. “That’s not reasonable.”
A similar employment rights bill, AB 2279, was approved by the legislature in 2008 with broad support from disability rights, labor, medical and legal groups, but was vetoed by then-Governor Schwarzenegger. That bill was introduced in the wake of a 2008 state Supreme Court ruling in the case of Gary Ross, a systems engineer who lost his job in 2001 for testing positive for cannabis. Ross has a doctor’s recommendation to use cannabis to treat chronic back pain from an injury he sustained while serving in the Air Force. Ross sued and lost, but appealed to the California Supreme Court with the help of ASA.
“Like anyone else, patients just want to be productive members of society," said Don Duncan, ASA California Director."They deserve the same employment protections as those who use any other medication."
SB 129 would not change existing state law that prohibits medical cannabis consumption at the workplace or during working hours. "Safety-sensitive" positions such as health care providers, school bus drivers, and operators of heavy equipment would be exempted.
Advocates have estimated that more than 400,000 medical marijuana patients live in California.
Patient Advocates Rally in Mich. and Nev.
Medical cannabis advocates staged coordinated rallies this month in two Michigan cities and Las Vegas, Nevada, to protest recent federal raids. Over the past six months, medical cannabis patients and caregivers in both states have been the targets of DEA raids. In Michigan, two caregivers have been indicted, and the Justice Department is pursuing medical records for 7 registered Michigan patients, despite strong privacy provisions in that state's medical marijuana law. In Las Vegas, 15 patients and providers were arrested on federal charges last month.
"State and local medical cannabis laws should be implemented and enforced by state and local officials," said Caren Woodson, ASA’s Government Affairs Director. "These recent raids are not just inconsistent with the Obama Administration’s policy, they interfere with the rule of law in these communities."
DEA raids in early January resulted in a dozen arrests and the seizure of medicine, money and other property. The arrests followed similar federal raids conducted last September. Those arrested face a panoply of federal charges, including conspiracy to distribute marijuana, distribution of marijuana, conspiracy to commit money laundering, distribution of marijuana near schools or colleges, possession of a firearm in relation to drug trafficking and failing to disclose or concealing information concerning Social Security benefits.
The federal actions in Nevada followed controversial raids on multiple cultivators near Lansing, Michigan, in which heavily armed federal agents were assisted by troops for the National Guard. By law, the National Guard is to be deployed domestically only under emergency orders from the governor.
"The use of military troops against law-abiding farmers sets a dangerous precedent," said Woodson. "Disagreements over state-sponsored public health programs are not going to be resolved with M16s."
Back to Top
Colo. Cannabis Regulations Disregard Privacy
Proposed changes in Colorado’s medical cannabis regulations would put patient privacy at risk by allowing law enforcement unfettered access to surveillance information. In response, ASA has filed a letter of opposition with the State Licensing Authority of the Colorado Department of Revenue, and Executive Director Steph Sherer wrote a critical commentary on the issue for the Huffington Post.
“In the rush to regulate Colorado's burgeoning medical cannabis distribution system, the privacy rights of patients have been disregarded,” says Sherer. “Of the many issues the state must deal with, patient privacy should be at the forefront.”
The ASA letter highlights concerns over private patient records being made available to an increasing number of people, including court clerks and other court staff as well as law enforcement. ASA contends that access to this information should be restricted as provided for under the Health Insurance Portability and Accountability Act (HIPAA), which protects medical records.
The concern over law enforcement surveillance has been compounded by Justice Department attempts to subpoena medical cannabis program records in both Michigan and Oregon. Colorado law makes it a misdemeanor crime to reveal any confidential information related to medical cannabis patients.
Protests Continue in San Luis Obispo
Medical cannabis activists in the San Luis Obispo area are coordinating rallies this month in support of patients and providers facing charges there. On the first two Thursdays of the month, Feb 3 and Feb 10, activists will be passing out informational flyers at the San Luis Obispo Farmers Market. Several of those arrested will appear in court on Feb 9 and 10, and another has a pre-trial hearing on Feb 14.
During a three-day period at the end of December, local and state law enforcement agencies raided seven collectively run medical cannabis delivery services, arresting 15 people on felony charges, with bail set at up to $100,000. In addition to seizing medicine, money, computers and other property, police have also frozen some bank accounts. Several of those arrested were charged with child endangerment, and Child Protective Services removed at least six children from three families.
A courthouse protest in January that coincided with the arraignment of one of the providers helped persuade two of the County Supervisors to speak with incoming Sheriff Ian Parkinson to clarify his stance on medical cannabis.
"I want to be sure that the sheriff is applying his precious resources in a rational way," District 2 Supervisor Bruce Gibson told local media. "I would hope that he would pursue violations of our drug laws, but not a fruitless pursuit of those following the rules."
Voters in nearby Morro Bay defeated a ballot initiative in November that would have banned dispensaries, and city officials are now considering a dispensary ordinance. Many medical cannabis patients have turned to delivery services, since all of the incorporated cities in San Luis Obispo County have adopted moratoriums or outright bans against storefront medical marijuana dispensaries.
The raided collectives include: Cannafornia Health Services out of Atascadero; Santa Barbara Collective out of Tarzana, in Los Angeles; Open Access Foundation, Trilogy Health Services and Harmonic Alliance out of Paso Robles; and Hopeful Remedies and West Coast Caregiving out of Pismo Beach.
Medical cannabis advocates in San Luis Obispo will be gathering for the Farmer’s Market rallies on Feb 3 and Feb 10 at 5:30 pm at the Creamery’s Nipomo Street parking lot, just off Higuera Street. Everyone is encouraged to make appropriate signs and wear ASA t-shirts if they have them.
LA City Council Tweaks Rules Again
Emmy-award-winning talk show host Montel Williams was among the medical cannabis patients who last month told a Los Angeles City Council meeting that a lottery for assigning permits to dispensaries is a bad idea.
The lottery was proposed by the City Attorney’s office in response to a judge’s preliminary injunction blocking enforcement of the previous ordinance. A representative of the City Attorney told the council they had to adopt the lottery approach because the judge has “put our feet to the fire.” That comment drew the ire of Williams, who has become an outspoken advocate for medical cannabis since disclosing it is the only medication that eases his multiple sclerosis symptoms.
“Holding feet to the fire? Let me explain something to you,” said Williams. “For the last 10 years, from morning til night, 24 hours a day, 365 days a year, I have absolute neuropathic pain through my feet, my shins, my side and my face. You walk in and out of here every day and don’t think about your feet. Mine I have to think about every second of the day.”
Nonetheless, the council voted to adopt a lottery to select 100 collectives from those that were operating prior to two years ago, when the council passed an Interim Control Ordinance in an unsuccessful attempt to stem the proliferation of dispensaries in LA.
The council also passed amendments to remove the two-year sunset clause on the ordinance and provide more protection for patients’ medical records.
“A selection process that ignores longevity, performance, and goodwill is a mistake,” said ASA California Director Don Duncan. “But eliminating the sunset clause means those that remain won’t be threatened with closure in two years, and protecting patient privacy is a critical victory.”
The Los Angeles City Council still has pending a motion to ban collectives entirely, which is supported by the City Attorney, Carmen Trutanich.
ASA has worked with officials in Los Angeles to promote sensible regulations since 2005. ASA has provided research that shows regulations reduce crime and complaints around collectives, while preserving access for qualified patients.
ASA Activist Boot Camp this Month
On February 19-20, Americans for Safe Access is conducting the nation's first medical cannabis virtual skill-building conference. The National Call to Action is a chance to join thousands of activists for two days of community-building, skill-sharing and strategic planning.
ASA has been hosting trainings and workshops for nearly a decade. As state after state has passed medical cannabis laws, and more consider them every year, ASA has received requests from across the country for help with expanding the grassroots base of activists and developing a national strategy for securing safe access.
To accommodate that demand, ASA has developed this two-day virtual conference so that patients and activists everywhere can participate and become more effective advocates.
Local hosts will receive a DVD of trainings, workshops, and speeches from key leaders and allied politicians, and will join in direct community-building interactions with ASA. These DVDs make our trainings available for ASA chapters to use over and over again as new activists join the movement.
ASA chapters and affiliates across the country will act as regional hosts for the National Call to Action Activist Boot Camp, with ASA staff offering one-on-one assistance. ASA National will provide posters and handouts to help with promoting the event, along with DVDs and workshop materials.
The two-day conference costs $75 for the weekend ($50 for current ASA members). For more information, email amber@safeaccessnow.org.
ACTION ALERT: Call Your Congress-Critter
Whether you’ve got a new Representative or Senator, or one from the last century, a new Congressional session is the time to reach out. A phone call to let them know that you, their constituent, cares about what Congress is doing about medical cannabis can make a difference.
Take a few minutes to urge your Rep to co-sponsor The Truth in Trials Act when it’s introduced again, as it has been every year since 2003. You can reach your Representative through the Capitol Switchboard at 202-224-3121.
