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THCF Federal Subpoena for Patient Records - Quash


View The Entire Decision (PDF)

On Tuesday, April 10, 2007, THCF Medical Clinics and I, Paul Stanford, received a federal grand jury subpoena from the Drug Enforcement Administration and Assistant US Attorney James P. Hagarty. A federal grand jury is or will be empaneled for an investigation directed by Assistant US Attorney Hagarty. The subpoena says that the grand jury will meet at the United State Courthouse, William O. Douglas Building in Yakima, WA at 9:00 am on May 15, 2007. I am "COMMANDED" to appear and "COMMANDED to bring with you the following document(s) or object(s): * ..." 

This subpoena says, "Provide the below described documentation pertaining to the following named parties: ," This subpoena then names 17 people from Oregon and Washington state, along with each person's date of birth. After the list of names, the subpoena continues: "Any and all documents including, but not limited to :

* Documentation of Medical Authorization to Possess Marijuana for Medical Purposes in the State of Washington;

* Medical Statements and or Reports;

* Correspondence;

* Reports of any violation and or termination of the Authorization;

* Written Applications."

The subpoena says, "You are required not to disclose the existence of this request. Any such disclosure could impede the investigation being conducted and thereby interfere with the enforcement of the law."

I believe this requirement violates my right to free speech and is contrary to my life's work and The Hemp & Cannabis Foundation's goals to end adult marijuana prohibition, restore industrial hemp and help medical marijuana patients.

We can not disclose any patient's identity. Our obligation to protect our patients' privacy is a sacred duty.

We shall fight against this subpoena and for patients using medical marijuana until we prevail. THCF's attorney, Ann Witte of Portland, is preparing a motion to quash (or dismiss) this subpoena. Due to our duty to maintain patient privacy and conflicting federal laws protecting medical patients' privacy and empowering grand juries, our lawyer believes this issue will ultimately be decided by the US Supreme Court. When we file the motion to quash this subpoena, we will hold a press conference in Yakima announcing our opposition to the federal government's continued war on sick and dying patients who benefit from medical marijuana.

THCF has now helped over 18,000 patients in five states obtain a medical marijuana permit under their state's medical marijuana law. This is the first time we have ever received a federal subpoena. THCF Medical Clinics currently sees patients in Portland, Bend and Medford, OR, Seattle and Spokane, WA, Honolulu and Hilo, HI and Denver, CO. We will open medical offices this year in San Francisco and Los Angeles, CA and Las Vegas and Reno, NV. 

The Hemp & Cannabis Foundation is a 501C3 nonprofit organization with several projects. In addition to THCF Medical Clinics, THCF has produced 400 episodes of our live weekly TV show, Cannabis Common Sense, and prints a newspaper called Hemp News. Cannabis Common Sense is on cable TV in Portland and Salem, OR, in Seattle and Spokane, WA, in Denver, CO, and is also available on the Internet on YouTube. THCF maintains medical gardens that give free medicine to indigent patients. THCF produces cannabis-related events and sponsors other hempfests. THCF contributes to other organizations' efforts to help patients who benefit from medical marijuana, contributes to other groups working to end adult marijuana prohibition and contributes $500 each month to UNICEF for AIDS orphans in Africa.

THCF has an affiliated 501C4 political committee, Campaign for the Restoration & Regulation of Hemp, or CRRH. CRRH's goal is also to end adult marijuana prohibition, restore industrial hemp and help medical marijuana patients.

We shall overcome!

Please support our efforts. Thank you.

Yours truly,
D. Paul Stanford
www.hemp.org
1-800-723-0188


View The Entire Decision (PDF)


Feds Rebuffed in Bid to Get Medical Marijuana Patient Records

D. Paul Stanford, CEO of the Hemp and Cannabis Foundation, said the ruling will "protect medical marijuana patients' records and confidentiality. There are limits to the government's power to intimidate doctors and patients, and fortunately, the federal courts have delineated those limits."

Read more of this Join Together article.



Ruling protects pot patients

Privacy - A federal judge denies a grand jury access to Oregon medical marijuana treatment records A federal judge has thrown out sweeping subpoenas for patient records kept by Oregon's medical marijuana program and a private clinic, saying privacy concerns overruled a grand jury's demand for information. Chief U.S. District Judge Robert H. Whaley in Yakima ruled on the subpoenas four months after a grand jury in that city issued them.

Read more of this Oregonian article.



US Court Rebukes DEA’s Attempt to Crack Medical Marijuana Records

Ads appearing each week on the back of the Stranger and Seattle Weekly – and similar papers on the West Coast and in Hawaii – are pretty much picking a fight with the feds: “Medical marijuana. Our doctors can help.” The ads then provide a phone number for The Hemp and Cannabis Foundation clinic, which connects patients with doctors who specialize in writing medical marijuana authorizations for the sick and dying. To the the Drug Enforcement Administration, however, THCF is flagrantly running a multi-state business that permits people to violate federal law.

Read more of this Seattle Stranger article.


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