The Compassionate Coalition

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OOPS!

C.D.P.H.E. scrambles to undo ‘harms’ to Medical Marijuana patients & caregivers as public hearing is postponed. Registry program problems persist.

PAST HISTORY: In 1998, medical marijuana was to be on the Colorado ballot, but Secretary of State Vicky Buckley did not count the votes because she said there were not enough valid signatures on the petitions. After her death, boxes of petition sheets were found in her office and a recount of all the signatures initiated by proponents proved the State made a mistake. A judge then ordered the medical marijuana question be placed on the ballot again, Nov. 7, 2000. Soon after, voters approved the initiative into Colorado Constitutional law.

CURRENT EVENTS: Shortly after a February 20th , 2009 prehearing conference on proposed changes to some Medical Marijuana Registry Program policies, The Colorado Department of Public Health and Environment C.D.P.H.E. apparently erroneously publishes on a state internet website scans of the names and contact information provided by 120 people in attendance at the meeting. A letter was sent to a little under 5,000 legal patients notifying them of the January 20, 2009 prehearing for rulemaking associated with a now postponed March 18th public hearing and since there was no known published announcement, only legal patients and caregivers were invited to the event.

When a state attorney representing the registry was initially contacted, there were claims of ‘clear protection’ for the state’s mistake being available through the Open Meetings Act. This is believed to be incorrect, however, since no published notice was known to be made of the prehearing conference. The action appears to be, in direct violation of both federal HIPPA and Colorado Article 18 Section 18 privacy and confidentiality provisions of law.

The published identities were incorporated in a .pdf file document entitled, “prehearing conference summary” which was still available online at the Colorado Board of Health website even after March 6, 2009 when authorities were contacted and alerted about the potentially dangerous situation. Initial discreet contacts with a number of the affected individuals found a wide range of responses from “disinterest”, and “disbelief” to “Shock and verbalized complaints of privacy and confidentiality breach”. By March 7, 2009, however, the questionable pages had been removed from the state site.
The passed around top sheet was entitled, “ Colorado Board of Health Attendance Prehearing Conference for March 18, 2009 Rulemaking Hearing Concerning Amendments to 5CCR 1006-2 Rules and Regulations Pertaining to the Medical Use of Marijuana” and the second sign-up sheet looked similar. The third sheet, however, was found to be a “Visitor Sign-in Sheet” with handwritten in “M.J.” in big letters, and the final two contact sheets were blank. NONE of the provided sign-up sheets made any mention of the fact that they would subsequently be published on the internet for the world to see.

When the people of the state of Colorado approved Medical Marijuana in 2000, specific language included the development of a confidential registry and preservation of privacy and confidentiality. (See also, 0-4-287 - ARTICLE XVIII - Miscellaneous Art. XVIII – Miscellaneous Section 14 Section 3 a). Of course, there are, already in place, considerable federal protections (see also: the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-19 for private patients suffering from life threatening and/or debilitated illnesses.) But, important to note is the fact that such language is included in the new law, as well.

We may never know why the state board of health decided not to follow its own rules and procedures. It is not like a public hearing is a rare thing, is it? The rules are relatively easy to follow, including publishing notice of hearing and other provisions found in the ”Colorado Revised Statutes Title 24 GOVERNMENT –STATE: ADMINISTRATION ARTICLE 4 Rule-making and Licensing Procedures by State Agencies”

All of the individuals contacted, wished to remain anonymous, with some being unaware that the state had actually published their contact information online via eight pages of scans of “sign-up sheets” which had been passed around by a state worker at the over-capacity prehearing conference meeting. There were also found to be more than one complaint of expressed fear for possible robberies of their medical marijuana, or even of possible future intervention from law enforcement authorities at caregivers, collectives, dispensaries, and patients affected who had unwittingly provided their contact information.

As of press date, there have been no reported incidents of this nature identified, so direct evidence of ‘harms’ experienced by the affected individuals whose identities have been published is unavailable. We are unaware of any attorneys seeking interested parties for possible lawsuits, as well.

During the nine year history of the Medical Marijuana Registry there has been primarily one individual who has been essentially running the program. It is supposed to be self-sustaining. Exponentially the patient base had grown, especially in recent years with the advent of more sympathetic physicians and clinics specializing in providing recommendations statewide. For this reason alone, there appear to be more problems on the horizon.

“I had provided my physicians signature paperwork to re-certify back in January and still haven’t received my license(certificate) in the mail. First, it was returned in the mail because I didn’t include a copy of my photo identification, “ reports a frustrated Susan Johnson, legal patient from Colorado Springs. “ When I called the other day, I was told by a state contact that although my correct paperwork may have been mailed over a month and a half ago, they are still over a month behind opening mail, so it might take up to one more month before I receive my legal protection.” Johnson said she is frustrated and four months is unacceptable to have to wait to receive this important documentation.

The State Board of Health hearing was scheduled for March 18, but health officials have said\that the board is now seeking a larger venue because of significant public interest in the issue. As of press time, a date and venue have yet to be identified, however, it is believed to be sometime held the middle of June, 2009.

Proposed changes to the registry program include limiting primary caregivers to five marijuana patients and requiring notarized signatures on applications.
The public can submit written comments to the board until May 15.

By Timothy Tipton
commjexpert@gmail.com
excerpted from
Issue#2 of Medical Marijuana News