Pubdate: Wed, 29 Dec 2010
Source: Grand Rapids Press (MI)
Copyright: 2010 Grand Rapids Press
Contact:  http://www.mlive.com/grand-rapids/
Details: http://www.mapinc.org/media/171
Author: John Agar, The Grand Rapids Press

FEDS SEEK MICHIGAN MEDICAL MARIJUANA DOCUMENTS

GRAND RAPIDS - The federal government wants the state Department of 
Community Health, which oversees the state's medical-marijuana 
program, to provide records for seven people under investigation in 
the Lansing area.

The Department of Community Health hasn't complied with a subpoena 
because of potential civil and criminal penalties for violating 
confidentiality under the medical-marijuana law, court records showed.

Assistant U.S. Attorney John Bruha asked a judge to order the state 
agency comply with the request for information by U.S. Drug 
Enforcement Administration investigators. He said the DEA on June 4 
sought "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 fo 
any cards located for the seven named individuals."

The state Attorney General's Office, as counsel for Community Health, 
was "reluctant" to comply with the request unless ordered to do so by 
a judge, court records said.

Under the law, Community Health maintains a confidential list of 
those who have obtained registry identification cards. Disclosure of 
the information is a misdemeanor.

Bruha said that "the (medical-marijuana law) notwithstanding, the 
cultivation, possession and distribution of marijuana remains illegal 
under federal law. ... State medical-marijuana laws do not, and 
cannot, supersede federal laws that criminalize the possession of marijuana."

He said that a "state-created confidentiality provision ... must 
yield to the enforcement power of the federal agency."

The DEA said the information is being sought in connection with 
drug-law violations and "specific and limited in scope."

The names of those under investigation are redacted in court documents.

The Obama administration says it will not pursue medical marijuana 
growers who abide by state law.  
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MAP posted-by: Richard Lake