Proposed Bill Amending Medical Marijuana Dispenary Law Infringes on Rights of Patients and Caregivers

Yesterday, the Legislature's Committee on Health and Human Services held a public hearing on LD 1811, An Act to Amend the Maine Medical Marijuana Act.     The Act proposes changes to the law passed by about 60% of Maine voters this past November, which opened the door for medical marijuana dispensaries in our state. What those who crafted and voted for the bill did NOT intend, was for the creation of dispensaries to lead to the state infringing on the rights of medical marjijuana patients and caregivers.  LD 1811, however, does just that.  LD 1811 creates blanket approval for the Department of Health and Human Services to enter and "assess" the home of a patient who has chosen to grow for themself, or their caregiver upon 24-hour notice - even if there is no reason to believe anyone is in danger or breaking the law.  Maine's previous medical marijuana law, which has been on the books for over 10 years, had no such provision.   and there is no evidence that the absence of "assessments" created problems warranting unprovoked governmental invasion of personal privacy. Why create such an invasive law when there is no evidence that it is needed to protect the health, welfare or safety of Mainers?  The answer:  We shouldn't!  This change to the law should be seen by the Committee and the legislature for what it is - unnecessary and harmful.  It will only serve to perpetuate misplaced stereotypes about patients who use marijuana and those who help care for them and create distrust and discomfort for legitimate patients and caregivers thinking of registering with the state.   It is understandable and justifiable to permit assessments of dispensaries.  They are, after all, a business open to the public and expected to be subject to inspection and oversight.  In contrast, to permit the government to enter the private home of an approved patient or caregiver, with no suspicion whatsoever of wrongdoing, is unconscionable.    Now - to help illustrate just how ridiculous this is, I will give an example: Many Maine communities have been hit hard by prescription opioid addiction (OxyContin, etc.).  Yet, despite the potential for grave harm known to be associated with these drugs, no one would think of telling a cancer patient using OxyContin that the government is going to come to their house and count their pills to make sure they weren't taking more than they were supposed to or selling them on the street.   That's because even though there may be a public policy argument (preventing overdose, concerns of public health, etc.), the privacy costs are far too great.    Medical marijuana patients and the citizen caregivers who help care for them deserve to be treated with as much dignity and respect for their privacy as any other citizen not suspected of wrongdoing.  This means protecting them from unwarranted, unprovoked intrusions by government agents. Tell your legislator to respect the Fourth Amendment rights of seriously ill patients and the loved ones who care for them... You can also:

March 12, 2010

Yesterday, the Legislature's Committee on Health and Human Services held a public hearing on LD 1811, An Act to Amend the Maine Medical Marijuana Act. The Act proposes changes to the law passed by about 60% of Maine voters this past November, which opened the door for medical marijuana dispensaries in our state.

What those who crafted and voted for the bill did NOT intend, was for the creation of dispensaries to lead to the state infringing on the rights of medical marjijuana patients and caregivers. LD 1811, however, does just that.

LD 1811 creates blanket approval for the Department of Health and Human Services to enter and "assess" the home of a patient who has chosen to grow for themself, or their caregiver upon 24-hour notice - even if there is no reason to believe anyone is in danger or breaking the law.

Maine's previous medical marijuana law, which has been on the books for over 10 years, had no such provision. and there is no evidence that the absence of "assessments" created problems warranting unprovoked governmental invasion of personal privacy.

Why create such an invasive law when there is no evidence that it is needed to protect the health, welfare or safety of Mainers? The answer: We shouldn't! This change to the law should be seen by the Committee and the legislature for what it is - unnecessary and harmful. It will only serve to perpetuate misplaced stereotypes about patients who use marijuana and those who help care for them and create distrust and discomfort for legitimate patients and caregivers thinking of registering with the state.

It is understandable and justifiable to permit assessments of dispensaries. They are, after all, a business open to the public and expected to be subject to inspection and oversight. In contrast, to permit the government to enter the private home of an approved patient or caregiver, with no suspicion whatsoever of wrongdoing, is unconscionable.

Now - to help illustrate just how ridiculous this is, I will give an example:
Many Maine communities have been hit hard by prescription opioid addiction (OxyContin, etc.). Yet, despite the potential for grave harm known to be associated with these drugs, no one would think of telling a cancer patient using OxyContin that the government is going to come to their house and count their pills to make sure they weren't taking more than they were supposed to or selling them on the street. That's because even though there may be a public policy argument (preventing overdose, concerns of public health, etc.), the privacy costs are far too great.

Medical marijuana patients and the citizen caregivers who help care for them deserve to be treated with as much dignity and respect for their privacy as any other citizen not suspected of wrongdoing. This means protecting them from unwarranted, unprovoked intrusions by government agents.

Tell your legislator to respect the Fourth Amendment rights of seriously ill patients and the loved ones who care for them...

You can also:

The Committee will be having a work session on the bill next Tuesday.