U.S. District Judge Orders State To Give Feds Confidential Marijuana Patient Records
I guess the U.S. Constitution does not apply to Michigan residents because U.S. District Magistrate Judge Hugh Brenneman Jr. recently ruled that the Michigan Department of Community Health must turn over the records of 7 medical marijuana patients at the request of the DEA, though such Federal action exceeds the government’s authority and pre-empts the State’s medical marijuana law. The Michigan Department of Community Health previously refused to release information of medical marijuana users to federal investigators, citing patient confidentiality guaranteed under Michigan law.
The Framers of the U.S. Constitution understood the threat to liberty from concentrated political power, so they divided power not only among the three branches of the national government; but, they also divided it between the national and state governments. Congress was delegated only a few defined powers – to use James Madison’s term – and the states retained all other powers by default. Specifically, the 10th Amendment says powers not delegated to the U.S. or prohibited by the Constitution are reserved to the states. The U.S. Constitution does not expressly grant the government powers over medical marijuana.
Any use of marijuana is prohibited under federal law. However, current Michigan law protects individuals as long as they are acting within the boundaries of the Michigan Medical Marihuana Act. Therefore, any attempt by the Federal government to arrest, prosecute or sanction an individual for acting within the guidelines of the State’s medical marijuana law is UNCONSTITUTIONAL, as such Federal action exceeds the government’s authority and pre-empts the State’s medical marijuana law.
Through this recent ruling, Judge Brenneman and the Federal government disregarded our State’s sovereignty by allowing the Feds to exercise authority that they do not have. This ruling just turned the State of Michigan into a mere administrative subdivision of the national government.
Are you okay with this?
Contact Samantha Moffett at 248-624-5500 If you have questions regarding the use of medical marijuana and the law