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Federal Judge Orders Michigan to Supply DEA With Medical Marijuana Records

By Jeralyn, Section Crime Policy
Posted on Sat Jun 04, 2011 at 07:13:02 PM EST
Tags: medical marijuana (all tags)
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U.S. District Magistrate Judge Hugh Brenneman Jr. in Michigan has ordered the state to turn over medical marijuana records to the DEA for its use in a federal criminal investigation.

The DEA had issued administrative subpoenas to the Michigan Board of Community Health.

[H]e 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....The use of marijuana remains a federal felony.”

[More...]

Under Michigan law:

[T]he applications and information about caregivers and physicians are confidential. The state is supposed to only verify to law enforcement whether a registration card is valid, with criminal penalties in place for those who disclose confidential information.

The Judge wrote:

[A]nyone who is not deluding himself or trying to push an agenda knows that the confidentiality provisions are only binding on the State of Michigan and its agents, not the federal government and its agencies.

....“Only the truly naive or the disingenuous would try to argue that the (medical marijuana law) will not be abused by others seeking a cover for illicitly using or distributing marijuana.”

On Thursday, Attorney General Eric Holder promised to clarify DOJ's position on prosecuting those involved with medical marijuana.

Bottom line: The idea that there's been a change in the war on drugs is just an illusion as far as the Obama Administration is concerned.

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