Fight Patient Surveillance and Medicine Tracking
Get Your Constitutional Rights Back:
New statutes and rules governing medical marijuana go into effect July 1. Help fight expensive and unnecessary government over-regulation and protect patient privacy by joining the legal fight to defeat these laws.
HB1284 was passed in 2010 by the state legislature with the stated intent to put 80% of dispensaries out of business. Prior to HB1284, patients had been able to purchase medicine from caregivers and caregiving businesses called “dispensaries”. However, HB 1284 forced caregivers to give up their guaranteed Constitutional protection to operate dispensaries in exchange for the uncertain statutory privilege of applying to operate an MMC.
*Patients are Not Criminals*
The Department of Revenue collected over $10 million in application fees from MMC-applicants and formed the Medical Marijuana Enforcement Division (MMED). The MMED is the first law enforcement branch in U.S. history
dedicated strictly to policing patients with debilitating medical conditions. The new badge with the words “criminal” and “medical marijuana” on it does not make patients feel safe. This law enforcement model to
medicine treats patients like criminals. Remember, the point of Colorado’s Constitutional amendment is that patients should be treated with compassion, not as criminals, and deal with caregivers, not police.
*Patients Must Surrender These Rights*
Patients will have to surrender the following rights to shop at an MMC:
1) Right to Privacy and Confidentiality
MMCs are required to videotape and track patient purchases and make the information available to law enforcement on demand.
2) Right Against Self-Incrimination (5th Amendment to US Constitution)
Possession of cannabis is still a crime under federal law. MMCs will be collecting video evidence of federal crimes that law enforcement can access without a warrant. Shopping at an MMC requires patients to incriminate themselves.
3) Right to Searches only by Warrant and with Probable Cause
(4th Amendment to US Constitution)
Law enforcement officers are allowed to enter MMCs without warrant or probable cause at any time and to search the premises and any patients in it.
4) Caregiver Registry: Caregivers will soon be required to register with the Department of Revenue as well, including giving fingerprints to the FBI and submitting to a background and financial check.
*Support a Legal Challenge*
The lawsuit that the Patient and Caregiver Rights Litigation project is ready to file will challenge the following issues on the grounds that they violate the Colorado Constitution.
1) Caregiver limits (5 patients, ability to make a profit, etc.) are unconstitutional.
2) Local bans on medical marijuana are unconstitutional.
3) The Department of Revenue does not have the authority to regulate medical marijuana in any way, only the state health agency can regulate it.
4) The new laws and rules violate patient privacy protections in the Constitution, including requirements for medicine tracking with RFID tags.
5) The new restrictions on physicians who can recommend medical marijuana are unconstitutional.
6) The new Caregiver Registry, the New Non-Confidential Marijuana Employee Registry, and the New Non-Confidential Registry of Patients-Who-Shop-at-MMCs violate the 5th Amendment right against
self-incrimination and Constitutional privacy protections.
*Become Part of the Solution*
The Patient and Caregiver Rights Litigation Project is the only organization in the state actively pursuing legal attacks against these new laws. We are working with constitutional attorney Andrew Reid of the Denver law firm Springer and Steinberg. WE NEED YOUR FUNDING FOR LEGAL FEES
TODAY! The first part of this challenge has already cost $30,000. We need
to raise more money to continue the case.
PATIENTS: Ask your MMC if they contribute to CannabisLawsuits.com
Get Your Constitutional Rights Back: