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Patient Privacy Should Be at the Heart of Medical Marijuana Regulations

Posted: 01/27/11 10:35 AM ET

This past November, Arizona became the 15th state to adopt a medical marijuana law. Even with medical marijuana laws in nearly a third of the country, ever-increasing scientific evidence of efficacy, and popular American support at over 80 percent, patients' rights are still threatened. As long as medical marijuana remains illegal under federal law, patients everywhere are vulnerable. In fact, the discordance between federal and state laws makes it especially important to protect the privacy of patients.

This week, the Colorado Department of Revenue Licensing Authority will be hearing public comment on proposed regulations addressing recent amendments to the state's medical marijuana law. Leading up to these hearings, members of our organization in CO have reached out to us with legitimate concerns about their privacy as patients. Unfortunately, in the rush to regulate Colorado's burgeoning medical marijuana distribution system, it is the privacy rights of patients in particular that have so far been either ignored or disregarded. While there are many issues that the Department of Revenue must deal with, patient privacy should be at the forefront.

For example, it should be of concern to the State of Colorado that law enforcement will have real-time access to surveillance systems that will monitor literally thousands of patients and their purchase of medicine, activity that is still illegal under federal law. Civil libertarians and patient advocates are also concerned that the proposed regulations allow an alarmingly large number of people, including court clerks and their staff, to access records that should be private and protected at minimum by the federal Health Insurance Portability and Accountability Act (HIPAA), if not by state law.

Just in case there was any question about the vulnerability of patient records, one need only look to the State of Michigan, where President Obama's Justice Department has issued subpoenas for several registered medical marijuana patients. So far, the Michigan Department of Community Health has refused to turn over the records, but the Justice Department recently took the case into federal court. As recently as 2007, under President G.W. Bush, the Justice Department similarly subpoenaed the records of 17 registered patients in the Oregon. Although the Oregon Medical Marijuana Program successfully quashed the subpoenas, it's unclear whether such resistance can be sustained across the country.

Colorado voters were very specific about penalties for the unauthorized disclosure of patient information. Ballot Measure 20, passed in 2000, clearly states that "any person...who releases or makes public any confidential record or any confidential information...without the written authorization of the marijuana registry patient commits a class 1 misdemeanor." Patient privacy is an important ethical and public health issue of our time, regardless of whether patients benefits from the use of medical marijuana. By the same token, we must not lose sight of upholding those rights when the patients involved use marijuana as their medicine.

Steph Sherer is a medical marijuana patient and Executive Director of Americans for Safe Access. Americans for Safe Access is the largest national member-based organization of patients, medical professionals, scientists and concerned citizens promoting safe and legal access to cannabis for therapeutic use and research.

 
 
 
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HUFFPOST COMMUNITY MODERATOR
spacewalker
no time to hate
05:52 PM on 02/24/2011
As a chronic pain patient who has had 14 back surgeries i would like the right to use marijuana for my condition.I currently take,among other things,a large amount of morphine daily.This has side effects like apatite and libido suppression that are very difficult to endure.My state (NY) does not allow medical marijuana and the bills in the legislature related to it have had zero chance of passage because of the lies and lobbying by anti MMJ industries like Alcohol and Tabacco,Pharma and certain political powers who want to look tough on drugs.Patients need to be allowed access to medical marijuana and not be subject to unfair scrutiny of private medical records by State and Federal officials.Thanks for your work on this issue Mrs.Sherer,great article.Marijuana is medicine.
07:17 PM on 01/31/2011
Marijuana is the safest drug with actual benefits for the user as opposed to alcohol which is dangerous, causes addiction, birth defects, and affects literally every organ in the body. Groups are organizing all over the country to speak their minds on reforming pot laws. I drew up a very cool poster for the cause which you can check out on my artist’s blog at http://dregstudiosart.blogspot.com/2011/01/vote-teapot-2011.html Drop in and let me know what you think!
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05:37 PM on 01/28/2011
Aaaccckkk !!! I just got put on probation, for living 3.6 miles over the state line from Idaho , why ?
So my kids could go to a better school and health care etc. ( one of the perks being the marijuana law as treatment for migraine )
The judge said he was going to put my kids in Foster care , throw me in jail until I complied with his order , if I wasn't across the border by June. This is clearly not in my kids best interest when their Dad lives 8 hours away , and Idaho retains custodial jurisdiction.

Anyhoo , now if Idaho finds out about this will I lose my kids because I broke a federal law and they can prove me a drug addict. But it's ok if I am taking pharma suicidal drugs , the ones that drug addicts actually like.

Our system is an upside down nightmare , like getting caught in it's web, we are a police state , prison system.

This I do fear , don't get caught in it , man it's hard to fight.
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Overshadow
intellectual honesty, one issue at a time
05:16 PM on 01/28/2011
Either medical marijuana is a medicine or not. (The public does not treat it that way.)

If it is a medicine, dispensaries should be held to the same standards as a pharmacy. Unfortunately, the medical marijuana system is a joke- rife with fraud on all sides.
10:58 AM on 01/29/2011
Because vicodin, xanax, and aderol aren't handed out like halloween candy?

We can't deny people who need medicine because others abuse it. We have to work on society's addiction problems as a whole.
03:51 PM on 01/30/2011
@Justizin I absolutely agree with you. As a recent college grad, I have seen how easy it is for my peers to get their hands on prescribed drugs that are much more detrimental to their health than marijuana.
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02:17 AM on 01/31/2011
Yup , they would give me just about everything on your list , I just said no thanks man. But I could lose my kids and go to jail for my medicinal marijuana , lets think about that for a minute

Which is less addictive and effective ???
04:07 PM on 01/28/2011
Decision time is coming for Canadian Marc Emery's transfer from a Georgia correctional facility to a Canadian prison. Please write to your representative and the DoJ. Instructions are here: http://bit.ly/gxq64l
Not familiar with the Prince of Pot and how he helped the US legalization movement? Google Marc Emery, read about his case, then see my xtranormal video of his prison blog to hear his plea for support. http://bit.ly/gqvTwc. Write now!
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HUFFPOST SUPER USER
No death panels
There's no man with a trumpet. Only me.
09:33 AM on 01/28/2011
"...ever increasing scientific evidence of efficacy..."

You should have stopped right there.
11:26 PM on 01/27/2011
I have so many readers asking about my opinion on legalizing Marijuana for Crohn's disease. I just have such hard time being Ok with it. http://www.journey-with-crohns-disease.com/index.html
01:37 PM on 01/28/2011
I'm missing your point. Would you say these studies and reports are not convincing enough? If you take the time, the evidence is there.

http://www.news-medical.net/news/20091217/Cannabis-for-Ulcerative-Colitis-and-Crohns-Disease-treatment.aspx

http://ccrmg.org/journal/05aut/chrons.html

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2829088/?tool=pmcentrez

Assuming you weren't just spamming your own site and you really are an "expert", you'd do well to look around here a bit:

https://sites.google.com/site/gscmmjlist/home/a/b/boel-disorders
02:52 PM on 01/27/2011
“Safe access” to marijuana should include evaluation of its “safety” for individual patients. Monitoring of prescription amounts and frequency may be necessary to ensure safety. Like any drug, marijuana has a risk/benefit profile and is not safe for all. On average, it doubles the risk for schizophrenia (there was a great review in the journal Lancet on this, written by Dr. Theresa Moore in 2007), and is even riskier for those with a family history of psychosis (close to 10% of the population have a relative with a psychotic disorder). Over-prescribing may not just be dangerous for the patient, but for associates of theirs who may be taking advantage of the excess. Because the FDA is not regulating this drug, state legislatures and law enforcement are struggling with striking the right balance between meeting genuine medical need and rampant substance abuse. The FDA should be instructing physicians on how to prescribe this drug, so that appropriate prescribing is the norm rather than the exception.
12:42 PM on 01/27/2011
One would think the DEA and ONDCP has doctors or scientists on staff.
Sadly this is not so - we would like to see that changed and believe it is a step to change.

Please sign the letter petition to appoint a doctor or scientist to the DEA and ONDCP.

http://criminaljustice.change.org/petitions/view/appoint_a_doctor_or_scientist_to_the_dea_and_ondcp

Thank you!
10:55 AM on 01/27/2011
Privacy for any medical condition, including the drugs used wether pharmaceutical or medical grade cannabis should be confidential, between a patient and physician. But common sense on overall marijuana policies is hard to find in goverment... one day people will realize they are paying billions of dollars a year to prevent something that a substantial portion of the country would like to see legalized.