Maine Moves to Protect Private Patient Records

June 30, 2011

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There has been much concern lately in the medical cannabis community related to the issue of patient privacy. As Drug Enforcement Administration (DEA) raids occurred in Michigan, Montana, and Washington, federal agents have seized hundreds of patient records. Most recently, U.S. Magistrate Judge Brenneman, Jr. ruled that the Michigan Department of Community Health must turn over several patient records to the DEA for further investigation of "possible drug crimes," despite that state’s patient privacy law. The notion that federal investigations should give the government unfettered access to protected patient information is extremely problematic and a violation of federal and state rights to privacy. Despite this overt invasion of privacy, Americans for Safe Access intends to appeal Brenneman’s ruling in order to protect patient privacy in Michigan.

Some positive progress is also being made in other states. On June 24, 2011, Maine Governor Paul LePage signed into law LD 1296, which eliminates the requirement of doctors to disclose personal, medical or other identifying information about medical cannabis patients to the state. This law provides legal protection to medical cannabis patients and keeps their information private. This law also limits the ability of police to take property from patients, requiring them to return any unlawfully seized property within seven days. "LD 1296 was a huge success in a Republican era and brought our law back to its initial intent of patient privacy and voluntary registration. The Maine Civil Liberties Union's presence was incredible," stated Charles Wynott, of Maine's Medical Marijuana Patients Center.

Patient privacy is an important ethical and public health issue of our time, regardless of whether patients benefits from the use of medical cannabis. We must not lose sight of upholding those rights for all patients, but because cannabis is still illegal under federal law we must especially preserve those rights when medical cannabis patients are involved. At a time when many states are taking steps backwards with regard to medical cannabis laws, Maine has set a wonderful precedent by stepping forward in spite of federal pressure to do otherwise.