Medical marijuana database puts patients at risk of federal prosecution

[asdjrocky]

Colorado's Department of Revenue unveiled draft regulations for the medical marijuana industry at a marathon meeting yesterday -- and most concerning for the Cannabis Therapy Institute's Laura Kriho was a plan to phase out the current MMJ registry and replace it with a database she says will include "24-7 access for law enforcement." In her opinion, the result is a serious threat to patient privacy that violates the Colorado and U.S. constitutions.

According to Kriho, the get-together of the DOR's medical marijuana advisory committee, largely emceed by the department's Matt Cook and associate Fern Epstein, lasted from 9 a.m. until nearly 5 p.m., and there was no opportunity for public comment. (That chance will come during two days of hearings tentatively expected to take place at the Jefferson County Justice Center in January.) "There's been no transparency with the board," maintains Kriho, whose complaints helped open up meetings to the public in the first place. "There's been no minutes published, no agenda published, and the dispensary owners on the committee have done a very poor job of representing the industry. They were asking minute questions about the specific circumstances of their personal businesses while the rest of the people in the audience had to remain silent."

Little of what Kriho heard about the new regs pleased her. "It's really hard to imagine medical marijuana centers being able to comply with all of these rules," she says, "and it's really hard to imagine patients wanting to comply with them. The only reason people felt safe getting on the registry was that it was confidential -- and now they're taking that confidentiality away by making everything open to law enforcement for inspection on demand.

"The Colorado constitution sets up a confidential registry run by the state health department," she continues, "and the only reason law enforcement ever gets to question the registry is if they stop somebody or detain them -- and then they can call the registry and ask if this person is on the registry. That's as far as it's supposed to go. But they're talking about replacing that with this monstrous database that's shared by the Department of Revenue, the department of health and law enforcement that's going to confirm not just that a person is a patient, but what medicine they bought, when they bought it and where they bought it. And there'll be a 24-7 video surveillance system of dispensaries and grow operations. Wherever medical marijuana is processed, cultivated or sold is going to be under surveillance accessible to law enforcement on demand. It's going to be the most scrutinized substance on the planet."

the rest-
http://blogs.westword.com/latestword/2010/12/medical_marijuana_database_federal_prosecution.php

[Warren DeMontague]

1. Don't worry. Social Security may be "on the table", but there will always be plenty of cash avail.

To haul pot smoking cancer grannies off to prison. Never you fear.

[asdjrocky]

2. I feel so safe.

USA! USA! USA!

[BakedAtAMileHigh]

3. no surprise

There was electoral fraud in CO for the first time we tried to get MMJ on the ballot: the Republican SoS hid the signatures in her desk until after the filing date....they were not discovered after she died from cancer. The CO Dept. of Health has done everything they can -- secret meetings, until over-regulation, even outright lies -- to keep physicians from recommending MMJ to desperate patients.

I think this aspect of 1284 -- this total invasion of privacy -- will fall quickly in the courts. The CO constitution mandates a private registration system: this is an obvious and blatant violation.

They really funny thing about all this idiocy is that "caregivers" (MMJ providers with 5 or fewer patients) don't fall under ANY of this regulation and can legally sell meds to any patient they want with no record of the transaction. As always, the bureaucratic bozos can't tell their own ass from a hole in the ground. The DoR and Matt Cook have just given a HUGE boost to the "grey" market. Idiots.

On a humorous note, CO will be the first state to legalize outright in 2012, which means that all the time, money and effort Matt Cook and the rest of these clowns have spent on this issue will have as much impact as a fart in the wind. I can't wait.

[asdjrocky]

4. I was really hoping you'd check in here Mile High.

I am looking forward to what happens in Co in 2012. If things work out, I may be coming your way to spend some time in the effort.

I didn't know about the "caregivers" clause, hell, you could make a living with 5 regular patients.

[BakedAtAMileHigh]

5. many are making a fine living doing just that!

Hell, the Denver City Council is trying to limit caregivers to 12 plant-grows but I don't think they have any freaking clue exactly how large you can make a cannabis plant grow before you move to harvest! :)

[asdjrocky]

7. LOL, I love when a City Council gets involved in farming.

I've got a good friend moving out your way in Feb or March. He's a really good guy and he works for the railroad, so expect a heads up from me friend.

[Froward69]

8. so um is that 12 plants general

or 12 female plants. Me I am planting 24 plants per patient. to kill 12 males when they present themselves. so I will have 12 females per patient (when the time comes.)

the other funny aspect is the whole set of state legislature regulations EXPIRE on July 1st 2015... but shhhh they sure will forget that in the meantime...

[Heidi]

6. :kick:

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