New Colorado Medical Marijuana Regulations Disregard Patient Privacy
January 15th, 2011Posted by Kris Hermes
Americans for Safe Access (ASA) filed a letter Friday, commenting on the proposed rulemaking (or regulations) for amendments to Colorado’s medical marijuana law. The State Licensing Authority of the Colorado Department of Revenue, Medical Marijuana Enforcement Division is currently accepting public input to help guide its policy efforts.
Advocates applaud Colorado’s effort to improve its law by bringing greater access to medical marijuana for seriously ill patients in the state. Input by the public and, more importantly, the patient community is critically important to a well functioning law. However, ASA takes issue with several provisions of the law and the current proposed rules, and is most concerned about a seeming disregard for patient privacy.
In particular, the rulemaking provisions that allow law enforcement unfettered access to surveillance information is very troubling given marijuana’s legal status under federal law and the continued enforcement of those laws by the Obama Administration. In fact, the Justice Department is currently in federal court seeking the private records of several Michigan patients, after having been rebuffed by the Michigan Community Health Department.
ASA is also concerned with how available private patient records are to an increasing number of people, including court clerks and other court staff. Access to this information must be extremely restricted, and medical marijuana patients, like other patients, should be able to enjoy the full protections under the Health Insurance Portability and Accountability Act (HIPAA).
Although the deadline for written submissions closed on Friday, there will be another opportunity to give oral comment on January 27th and 28th, starting at 9am in Hearing Room 1 of the Jefferson County Justice Center Administration and Courts Facility at 100 Jefferson County Parkway, Golden, Colorado.
January 18th, 2011 at 1:23 pm
According to CO law, comments can be sent or made up until the date of the vote. The DoR’s Jan 14th date is not correct. Anyone who sends comments in by the 28th will be included in the record–the DoR just might not read what they get after the 14th. But they don’t listen to the public anyway–so send your comments for the record.
January 24th, 2011 at 7:01 pm
According to law, the comment period is 30 days before the meeting. They are accepting comments in writing and email right now that will be included in the record.
Why do you ‘advocacy’ groups IGNORE this and make it seem like if you missed the comment period mentioned in the article above and you can’t or won’t attend the meeting –you miss out? You don’t !! Patients can email the DoR on their website today through the 28th.
February 5th, 2011 at 6:26 am
Patient: Actually, the Colorado Department of Revenue is taking written comments up to Feb 11th.
Take care.
November 5th, 2011 at 11:54 am
caramelicious…
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