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FreeMaryJane
08-08-2007, 06:33 AM
Even though the media is blocked from patient information under federal HPPA laws, The Tribune article reports that the federal government has issued subpoenas for Oregon patient information.

The feds want personal information about patients in Oregon’s medical marijuana program, and they are also trying to gain private knowledge about the Hemp and Cannabis Foundation. The foundation employs doctors who prescribe marijuana to patients under the Oregon program.

The Tribune learned that a federal subpoena issued on April 10th demanded all medical and other documentation for 17 people in Oregon and Washington state. The identities of the specific 17 people are not known.

Now American Civil Liberties Union lawyer Graham Boyd has signed on to help quash the subpoena. It is further reported that attorneys for the state of Oregon are joining the team being assembled that will quash the federal government’s demand.
Don DuPay gained a good deal of public attention when he ran for Multnomah County sheriff against incumbent Bernie Giusto. More than 29,000 residents voted for him, making him Giusto's biggest opponent.

Now he says it is time for Oregon to lend him a hand, and in turn also help protect his patients from the questionable tactics of the federal government, "Somebody in state government better do something about this, or I’ll run for governor," he said.
One of the patients DuPay grows for is suffering from the end stages of liver disease. Another is a man whose leg was shattered and is now comprised of screws and plates. That man says the actions of the feds make him "furious" as he deals with the raw pain of his daily physical life.

Until recently, the DEA has given the Oregon program a break, but it looks like the state is now going to deal with what California patients have been dealing with for years.
The DEA is operating as a rogue group, out of place and out of line.
It is the latest, shameful behavior from an ultra right-wing presidency and administration that is bent on doing anything possible to promote big corporate business and to trample on the sick and poor.

Feds trample on other state issues
Medical marijuana isn't the only voter passed law the administration has failed to respect; the Department of Justice also challenged the constitutionality of Oregon's Assisted Suicide law in court.

In 2002, U.S. District Judge Robert Jones made this comment about federal ambitions to undermine Oregon voters, “Oregon voters decided not once, but twice to support the law and have chosen to resolve the moral, legal and ethical debate on physician-assisted suicide for themselves."

The Bush administration did not end there. Attorney General John Ashcroft who was in office at the time, appealed the case, eventually taking it in front of the Supreme Court. The rest is history for Oregon.

Sources say the president and his conservative base are so thoroughly opposed to any form of assisted suicide, that it sought any and all possible means to overturn the Oregon law.
Now we see both the rogue agents and others with a personal agenda in Oregon, attempting to end Oregon's voter approved medical marijuana program. See the Salem-News.com article by Dr. Phil Leveque for more on that: Medical Marijuana: Is Kevin Mannix a Bigot?
A number of states in the U.S. have passed medical marijuana legislation. If you live in a state that is experiencing federal intervention, write to us and tell us about it so we can keep track.

The foundation of this country was built on a citizen's right to choose, and the DEA and the Bush government that writes its paychecks has become in many people's eyes, an enemy of the citizenry.

That is a sad perspective.
For the Portland Tribune article by Nick Budnick, visit this link: http://www.portlandtribune.com/news/story.php?story_id=118609925649231700

CB
08-08-2007, 05:12 PM
http://www.homegrownbud.com/forums/attachment.php?attachmentid=11366&stc=1&d=1186614872

CB
08-11-2007, 05:49 PM
The Associated Press

PORTLAND, Ore. (AP) — Federal subpoenas seeking medical records of 17 Oregon medical marijuana patients have growers and users upset and nervous even as a federal judge considers whether to throw the subpoenas out.

"It's crazy. It's really scary. If they can get my records, they can get Gov. (Ted) Kulongoski's, they can get yours," said Donald DuPay, a former Portland police officer and 2006 candidate for Multnomah County sheriff.

DuPay says his records are among those subpoenaed.

A federal grand jury in Yakima, Wash., issued the subpoenas in April as part of an investigation of some growers in Oregon and Washington.

The patients are not targets of the grand jury.

A Seattle spokesman for the Drug Enforcement Administration declined comment.

The subpoenas were served on the Oregon Medical Marijuana Program, which issues permits to patients and their authorized growers.

A second subpoena went to The Hemp and Cannabis Foundation, a private Portland clinic where doctors determine whether a patient's condition would be eased by marijuana.

The DEA raided DuPay's Portland home in June and seized 135 marijuana plants DuPay said he was growing for patients. DuPay, who hosts a local cable-access program on medical marijuana, says he has not been arrested.

On Aug. 1, lawyers from the state and from the ACLU, representing the Hemp and Cannabis Foundation, asked Chief U.S. District Judge Robert H. Whaley in Yakima to throw the subpoenas out.

Hagerty acknowledged that the subpoenas were written too broadly. What the grand jury wants, he said, is not "medical records" but current addresses and phone numbers for the 17 patients.

He said the grand jury is investigating "four or five" people for growing marijuana to sell under the medical marijuana law.

The 17 get or got medical marijuana from the people under investigation, he said. Whaley promised to rule soon.

Oregon voters enacted the state's program in 1998, and 14,868 Oregonians hold patient cards.

An additional 7,115 have state permission to grow medical marijuana. They can't sell it but can accept donations to defray costs.

Eleven other states have medical marijuana laws and at least two more are considering them.

But federal law forbids the use or cultivation of marijuana. Federal authorities have attacked California's program by raiding marijuana dispensaries and prosecuting growers there for years.

Last month, the DEA sent letters to landlords of dispensaries in Los Angeles warning of possible prison sentences.

But the Oregon subpoenas apparently are the first time the DEA has come after medical records, "and of course, it is very worrisome," said Bruce Mirkin, a spokesman for the Marijuana Policy Project, an advocacy group in Washington, D.C.

"People have an expectation of medical privacy, and I think they have a right to expect medical privacy," Mirkin said.

"It's one thing to talk about people selling a product that is in fact not legal under federal law. We may think that's stupid. But that's in a whole different realm than obtaining peoples' medical records."

The Web site for the Oregon Medical Marijuana Program promises patients and caregivers that their medical records are legally protected.

Kris Hermes, a spokesman for the advocacy group Americans for Safe Access, said the subpoenas suggest the DEA is looking beyond prosecuting dealers.

"It sends a message to the other states and their programs that they're vulnerable to federal interference," he said. "It doesn't take a brick to hit you over the head to know that the federal government is trying to undermine California's medical marijuana law, given all the raids and threats to landlords.

"This is one step further that shows the federal government is very serious about going after patients."