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ACLU of MAINE Expresses Concern Over New Medical Marijuana Law



April 5, 2010
For Immediate Release

Portland--Today, the Maine House voted to require all medical marijuana users to register with the Department of Health and Human Services, in a departure from current law that allows medical marijuana use with only doctor’s permission.  The House voted today 128 to 17 in favor of LD 1811, An Act to Amend the Maine Medical Marijuana Act.  Under the new law, registered patients must be issued a registration card before they may use medical marijuana.  Even those patients who are already using medical marijuana at their doctor’s recommendation will be required to register with the state by January 2011.
 
"Patients should not be required to register in a statewide database in order to follow a doctor's recommendation in using medical marijuana," said Shenna Bellows, Executive Director of the Maine Civil Liberties Union.  "The registration requirement infringes on doctor/patient privacy."
 
Since medical marijuana was first legalized in Maine, patients could opt to grow for themselves, or designate a caregiver to grow for them.  Patient growers and their caregivers were protected from state law enforcement by way of a verified and legitimate doctor recommendation.  No state registry or identification was required.
 
"Given that medical marijuana is still illegal at the federal level, it is understandable that some Maine patients may not want to register in the state's database," said Zachary Heiden, Legal Director of the Maine Civil Liberties Union.  "The legislature has taken a step backward by forcing patients to expose their doctor's recommendation and treatment plan."
 
Two Maine groups, Maine Vocals and Maine Citizens for Medical Marijuana, have announced plans to circulate a new petition for 2010 to fix Maine’s medical marijuana laws to allow patients to keep their medical decisions between their doctors, their caregivers, and themselves. 
 
United States Attorney General Eric Holder issued a memorandum to all United States Attorneys in January stating that they “should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the use of medical marijuana.”
 
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