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US: Judge Says Michigan Must Turn Over Medical Marijuana Records to Feds

Joe Klare

420 Times

Saturday 04 Jun 2011

U.S. District Magistrate Judge Hugh Brenneman Jr. recently ruled that the Michigan Department of Community Health must turn over the records of 7 medical marijuana patients at the request of the DEA.

The judge ruled that Michigan’s medical cannabis law has no impact on the fact that marijuana is illegal under federal law. Medical marijuana advocates – including Americans for Safe Access – argued that turning over the records would violate the privacy of the patients.

420timesgavel small Judge Says Michigan Must Turn Over Medical Marijuana Records to FedsIn his ruling the judge said that the state’s MMJ law "provides an affirmative defense in a few instances to arrest or prosecution, or other adverse action by state authorities enforcing the state prohibition against marijuana."

But, he said that "while the Michigan Legislature declared its intent not to penalize the medical use of marijuana under state law, it had to acknowledge its action did not alter the existing federal prohibition against marijuana: Although federal law currently prohibits any use of marijuana except under very limited circumstances, states are not required to enforce federal law or prosecute people for engaging in activities prohibited by federal law."

It seems the right to privacy would stay a right, no matter what federal or Michigan law said, but I'm not a judge, just a writer. Truly a shame for those who think their medical records are safe from the long arm of the DEA.

But the sad fact is nothing is private anymore. If the federal government wants it, they will have it, whether they want to kick in your door or rifle through your personal medical records. It is this constant encroachment on our rights that we must fight on a daily basis.

http://the420times.com/2011/06/judge-says-michigan-must-turn-over-medical-marijuana-records-to-feds/

 

 

 

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