The Red Card Patient Database is about to be Linked with POLICE JULY 1ST 2012

For Immediate Release 6/11/12

Contact: Kathleen Chippi (CARE) 720-565-0265

Treason in Colorado

The Colorado Bureau of Investigation (CBI), the Office of Information Technology (OIT), the Colorado Department of Public Safety (DPS), the Colorado Department of Revenue (DoR) and the Colorado Department of Health and Environment (CDPHE) are actively committing treason against the people and Constitution of Colorado. On Tuesday May 29th, 2012 the above governmental organizations held an unposted meeting to discuss an interface of computers between the constitutionally protected confidential medical marijuana patient registry at the CDPHE, the CBI Colorado Crime Information Center(CCIC) and the DoR.

This meeting was held in violation of the Colorado Constitution’s Sunshine Laws, specifically, TITLE 24 – ARTICLE 6 – Colorado Sunshine Law 24-6-402. Meetings – open to public.

This meeting was recorded by non government employee’s and can (and should) be heard in its entirety here: http://www.youtube.com/watch?v=kckC1…ature=youtu.be

The constitutionally protected medical marijuana registry is slated to be “officially” shared with theCBI/CCIC on July 1, 2012. According to Karl Wilmes, Deputy Director of the CBI, and State Compact Officer of the FBI National Crime Prevention and Privacy Compact (1, footnote), the CBI and the CDPHE are only doing what the legislature instructed. When queried about the state constitution trumping state statute, Mr. Wilmes admitted he is unfamiliar with Article 18 Section 14 of the Colorado Constitution pertaining to medical marijuana. The CDPHE’s charge is to provide 24/7 access of the registry to local law enforcement. Their solution is not compliant with the Colorado Constitution, Article 18 Section 14. Currently, the CDPHE answers inquiries over the phone during regular business hours. They admit they miss approximately 0-1 inquiries per night and say they cannot have a person answering the phone overnight but are unclear as to why. A patient suggested having a CBI agent guard the CDPHE building, the only constitutional way the CBI can be involved in the confidential registry.

Attorney Josh Kappel verified that he had a patient/client who was pulled over on the roadway and revealed himself to local law enforcement as a patient to prove he was legally transporting his medicine. Approximately two weeks later the patient received a letter from the National Instant Criminal Background (NICB) saying his/her conceal and carry permit was being revoked because he/she was an illegal drug user per being a medical marijuana patient. He said the CBI confirmed they have been creating their own “internal list” as patients reveal themselves during any interaction with local law enforcement and have been sharing this information with the feds through the NICB database. It is federally illegal to own a gun and possess a controlled substance and can earn someone in violation a maximum term of imprisonment of ten years or more as prescribed by law.

The Beinor ruling states that medical marijuana patients have decriminalized possession. The confidential registry is being breached over what the Colorado Court of Appeals ruled is not a criminal act or offense, yet patients protected identities are being noted and time stamped by local law enforcement, (which is illegal under HIPPA), when patients are detained and then it is transferred to the feds. The feds are attaching a permanent “illegal drug user” notation on outed patients records that will follow them through the rest of their lives. The CDPHE confirmed that registry cards that have expired are not purged from the system, but in an “expired/or inactive license folder”. Anyone who obtained a registry card over the last 12 years is at risk of future federal interference in the non medical marijuana aspects of their lives. 

A GREAT comment by Rico about the whole situation.

It is important to note that this unconstitutional tracking of MMJ patients through the CBI criminal information system is in part a byproduct of the CBI crying foul over the MMED’s 8.9 million dollar budget derived from MMJ Business applicant fees. Curiously the MMED is now going bankrupt despite initially having a budget roughly nine times higher than the budget for state level liquor enforcement and have failed to use the remaining fees to actually license the applicants who had paid in good faith in the time period required by law. Rather the MMED misused a considerable portion of those fees to backdoor fund the CBI by unnecessarily bolstering their criminal investigative computers to track patients using the excuse of needing to create a unlawful law enforcement registry of MMJ patients in order to help the DOR track patient plant counts for MMC’s.

When in reality a simple plant marker on individual plants with the patient card number could yield the same result. This method of marking plants with patient ID’s was common practice prior to HB1284 and law enforcement never required a criminal investigative database where MMJ patients would be searchable by name to determine if a crime was being committed in the prior 10 years of medical marijuana sales under amendment 20.Please bare in mind that the CCIS (Colorado Criminal Information System) is networked at the federal level with the NCIC (National Criminal Investigative Computer)

This was not only confirmed at the recent private CDPHE/DOR/CBI meeting which was in direct violation of sunshine laws, but we also have had several reports of patients being pulled over in other states in routine traffic stops and once the officer returns from their squad cars they ask or state they know that the individual is a MMJ patient in Colorado, which if true implies a very serious breach of the constitutionally protected MMJ registry is under way if not already complete. This criminal database of MMJ patients is part of a larger pattern of attacks on MMJ patients conducted by law makers in conjunction with some members of law enforcement who have an agenda to roll back the protections under amendment 20 once previously acknowledge in Colorado courts.

This agenda started when the CDPHE enacted an arbitrary cap on how many patients a caregiver could provide medicine for some years ago which was over turned in court. That eventually lead to a series of bad rulings starting with the blatant distortion of the definition of a caregiver in the Clendenin case, which was later written into the CDPHE MMJ rules under HB1284. That caregiver definition borrowed from a Californian criminal case was based on California’s much stricter definition of caregiver under their state laws and was meant to destroy the only means of distribution ever contemplated in the Colorado constitution the caregiver/patient model.

That bad ruling was followed by both the Beinor and Watkins rulings which both have very serious implications for MMJ patients. Over the past few years some members of the general assembly have seen fit to circumvent the constitution and replace those protections with a mere shadow of what use to compel patients with debilitating conditions to consider using cannabis a safer alternative to prescription medications in the first place confidentiality and protections from legal ramifications. The original CDPHE MMJ patient application had clearly stated that the registry would never be networked to any other computer and patient information would never be compromised. This was because of the federal status of marijuana required additional protections beyond HIPA laws which under state law could also apply to any written recommendation by a licensed Doctor including a medical marijuana recommendation.In exchange for the recent progress for big medical marijuana business, patients have been left out in the cold under a constant barrage of legal attacks and bad rulings which frustrates the intent of the voters in 2000 who passed our medical marijuana amendment.
Many in the industry have gone along with or simply ignored these abuses as they think it will legitimize the MMJ industry and/or provide the opportunity for a monopoly, however these issues actually undermine the MMJ industry by placing the market (patients) in danger. Without patients being protected from legal abuses there is no reason for them to pay to join the CDPHE MMJ registry and without a MMJ registry card patients can not legally shop at state licensed medical marijuana businesses and with out those sales and CDPHE fees those very same law makers have in essence denied Colorado coffers of much needed tax revenue in this struggling economy. However this is an intentional effort by some public officials, for example the state Republican Party’s position of being against not only amendment 64 because the state Democratic party gave a loose and general endorsement of the idea of regulating marijuana sales, but some Republicans have also come out against all marijuana which includes existing medical marijuana.
Republican Frank McNulty the very same who thwarted the civil unions bill demonstrated his clear disdain for the emerging medical marijuana industry by going as far as censoring Republican Larry Liston during the SB12-154 hearing and even evicted him from the hearing as to prevent him from voting in favor of the medical marijuana responsible vendor bill, a bill that ultimately would not have only further legitimized the industry but would have benefited patients as well. In light of these very serious abuses and the recent bad rulings Colorado voters need to educate themselves about any proposed marijuana amendments this November, and consider what if any protections any proposed amendment would create in the constitution for responsible cannabis users be it medical or recreational use.

“(a) No person shall be permitted to gain access to any information about patients in the state health agency’s confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection

(3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency’s confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement official is lawfully in possession of such card.”Both the DOR and CBI are law enforcement and they can only be granted access to the private MMJ registry once some one has been stopped or arrested, in no way does the constitution allow law enforcement to search the MMJ registry at will for patients by name or number unless a suspected crime has been committed and the constitution supersedes any statutes (HB1284). The general assembly does not have the legal authority to circumvent or modify the confidentiality of the MMJ registry. Another concerning issue is the CDPHE has been keeping all MMJ patient information of those no longer on the MMJ registry in a “special” folder and one can only assume given their behavior that they consider those patient records no longer constituionally “protected” information and maybe sharing that information with law enforcement as well.
This begs several questions, why did some law makers try to pass multiple bills this session to loot the CDPHE MMJ patient registry cash fund to create a criminal computer tracking system for MMJ patients instead of hiring some one to answer the phone to verify calls from law enforcement? Why did the CDPHE and DOR think it was a good idea, let alone constitutional to share MMJ patient information with the same federally networked criminal computer system used to track sex offenders? Why is the DOR misusing applicants fees to fund CBI computers designed to flag criminals and now apparently medical marijuana patients simply driving down the street? How will this criminal computer for MMJ patients play out in light of the ongoing efforts by some law makers to create an arbitrary marijuana DUID per se limit? What does all this mean for patients who own fire arms and or have children in light of the Beinor ruling? If the MMJ industry doesn’t stand up for patients now there very well maybe no MMJ patients on the CDPHE MMJ registry in the near future for there to be an industry under HB1284 and that unfortunantly seems to be exactly the point for some law makers and their law enforcement allies who think they are above the will of the voters and the Colorado constitution.

What are your thoughts?