Federal Requests For Patient Info Raise Red Flags In States That Allow Medical Pot Use

Matt Ferner
Updated
Twenty-nine states and the District of Columbia have legalized the use of marijuana for medical purposes. Federal agency questions about patients are raising concerns. (Photo: Lucy Nicholson / Reuters)
Twenty-nine states and the District of Columbia have legalized the use of marijuana for medical purposes. Federal agency questions about patients are raising concerns. (Photo: Lucy Nicholson / Reuters)

A federal anti-drug program has been requesting information about registered medical marijuana patients in several states where the drug is legal for medical purposes. Officials say they are collecting general demographic data for research, but the move has alarmed some state officials as well as those in favor of more progressive laws who cite the Trump administration’s mixed messages on marijuana use.

Health officials in at least eight states have been contacted over the last few weeks by either a High Intensity Drug Trafficking Area task force, established to help reduce trafficking in the U.S., or by Dale Quigley, deputy coordinator of the National Marijuana Initiative (NMI), an arm of HIDTA, HuffPost has found. There are 32 HIDTA task forces across the nation, all funded by the White House Office of National Drug Control Policy, known as the drug czar’s office.

The federal program is seeking data on the age, gender and medical condition of registered patients, as well as the number of medical marijuana cards issued each year and the reasons for their authorization, according to numerous state health officials who spoke to HuffPost as well as emails sent to those state agencies and obtained by HuffPost.

California and Nevada were contacted by NMI, while Oregon was contacted by a regional HIDTA task force. Both were seeking demographic data about the state’s registered medical marijuana cardholders. Additionally, the program contacted health officials in Massachusetts, Connecticut, Rhode Island, Maine and Vermont, The Boston Globe first reported last month, which HuffPost confirmed. HuffPost reached state health officials in 27 of the 29 states that have legalized marijuana for medical purposes, with no responses from New Hampshire, North Dakota or the District of Columbia.

In emails sent to state health regulators, Quigley, a former drug cop in Colorado and a vocal opponent of marijuana legalization, says NMI is “doing comparative demographic research into states with medical provisions for marijuana and the use of a state-issued identification card.” Quigley is seeking information on patients issued medical marijuana cards “for the last 5 calendar years (2012 – 2016),” he wrote.

Some states, including California, did not directly provide the data Quigley requested. Instead, officials pointed him to their public website, which gives aggregate general demographic data on ages and genders of medical marijuana patients. Other states, such as Nevada, provided Quigley with similar general public demographic data directly (data that is also available on its public website), still not handing over the more specific information being requested. Some states, including Connecticut, had not yet responded to Quigley, but officials there said that they intend to, but only with public information.

Oregon health officials said they had not been contacted by Quigley but instead were contacted by an unidentified analyst at the Oregon-Idaho HIDTA. State officials directed him to their website with all publicly available data on their medical marijuana program. They also instructed him to submit a public records request for any other data that he could not find. Oregon officials said they had not received any public record requests from HIDTA.

In an interview with HuffPost, NMI coordinator Ed Shemelya, said that the group had “reached out” to all 29 states that have legalized medical marijuana. He added that the group has been able to obtain most of the information it needed from the state’s websites and insisted that NMI had not sought specific patient information.

Shemelya explained that the group is seeking the information as part of an effort to examine usage rates in states that have made medical marijuana legal as well as in states that continue to prohibit its medical use. It is engaging in the research, Shemelya says, as “part of our mission to examine the impacts of medical and recreational marijuana.”

When asked if the research had any link to a Department of Justice task force formed in February by U.S. Attorney General Jeff Sessions, a staunch marijuana opponent, to review federal enforcement of marijuana laws, among several other issues, Shemelya said, “Absolutely not.”

“The intent is to provide factual information about the consequences of medical marijuana, and we will provide this to general public via our website,” Shemelya said. “How it is used after that I cannot answer. However, it is not being done for the purpose of guiding or shaping federal policy on marijuana. We are merely fulfilling our mission of educating folks on the impacts of medical and recreational marijuana.”

But some state officials and advocates for marijuana law reforms voiced concern about the request largely because it is being made by an agency with an anti-drug mission that is overseen by the drug czar’s office, which is legislatively prohibited from publicly supporting the legalization of marijuana.

The federal program is also part of an administration that has voiced a willingness to roll back marijuana guidance set by the Obama administration that urged federal prosecutors to refrain from targeting state-legal marijuana operations. While marijuana remains illegal under federal law, the Obama-era guidance has allowed for state marijuana regulation to take shape, and there’s concern that it could be reversed or altered in ways that could harm patients and cripple thriving industries.

“The federal agency and task forces requesting this data have a long and dubious history of misleading the public about marijuana and advocating against state-level medical marijuana laws,” Mason Tvert, vice president of public relations and communications at VS Strategies, told HuffPost. VS Strategies, a communications and government relations firm based in Denver, is focused on marijuana policy and was instrumental in the passage of Colorado’s recreational marijuana ballot measure. “It is not surprising that the state officials who have been entrusted with administering these programs and protecting patients’ rights have some qualms about handing over their data.”

Tvert also noted the irony of a federal agency asking state officials to facilitate their research and provide insights into their state programs, as federal agencies spent decades blocking marijuana research that could have informed state officials as they developed their medical marijuana programs.

“Apparently there is a lot the federal government could learn from the states, and hopefully it will opt to work with them rather than against them,” Tvert said. “The best path forward would be one in which patients’ privacy is protected, states’ rights are respected and federal priorities are reflected.”

Tom Angell, chairman of drug policy reform group Marijuana Majority, said that in general he thinks it’s a good idea to track and report on public health outcomes, as long as no individually identifying patient information is compromised. But, Angell said, “with the anti-marijuana rhetoric coming from the Trump administration’s Department of Justice, and Quigley’s own past comments on the issue, you do have to wonder what the true motivation is here.”

Angell said he’s concerned about the request and hopes that states that do hand over data are careful it “cannot be used to support any ‘Reefer Madness’-induced enforcement efforts that Jeff Sessions may wish to launch.”

While Sessions’ task force has forwarded its recommendations on federal marijuana policy, he hasn’t disclosed what those are. However, The Associated Press reported last month that the task force largely reiterated the Justice Department’s current policy on marijuana and has not pushed for a crackdown.

National support for marijuana legalization has risen dramatically in recent years to historic highs. More than 90 percent of Americans support allowing adults to use marijuana for medical purposes if their doctor prescribes it, according to a Quinnipiac poll this year.

Also on HuffPost

Because Most Americans Are Unenthusiastic About It

Only 7 percent of Americans think the United States is <a href="http://www.rasmussenreports.com/public_content/lifestyle/general_lifestyle/november_2012/7_think_u_s_is_winning_war_on_drugs">winning the war on drugs</a>, and few Americans are interested in throwing down more money to try to win, according to a Rasmussen Reports poll released in 2012.

Because The U.S. Won't Control The Flow Of Guns Into Latin America

<a href="http://www.huffingtonpost.com/2012/06/01/mexico-guns-arturo-sarukhan-us-weapons-mexico-violence-gun-rights_n_1563250.html">Mexican authorities seized almost 70,000 weapons of U.S. origin</a> from 2007 to 2011. In 2004, the U.S. Congress declined to renew a 10-year ban on the sale of assault weapons. They quickly became the guns of choice for Mexican drug cartels. Some 60,000 people have died in Mexico since President Felipe Calderón launched a military assault on the cartels in 2006.

Because The United States Leads The Hemisphere In Drug Consumption

Americans have the <a href="http://www.feinstein.senate.gov/public/index.cfm/files/serve/?File_id=81b53476-64a3-4088-9bae-254a84b95ddb">highest rate of illegal drug consumption in the world</a>, according to the National Survey on Drug Use and Health.

Because The U.S. Ignores Latin American Calls For A Rethinking Of Drug Policy

Several current and former Latin American presidents, like Fernando Henrique Cardoso, have <a href="http://www.globalcommissionondrugs.org/">urged the United States to rethink its failed war on drugs</a>, to no avail.

Because Of The Fast And Furious Scandal

In an attempt to track guns as they moved across the U.S.-Mexico border, the Bureau of Alcohol, Tobacco and Firearms <a href="http://www.latimes.com/news/nationworld/nation/atf-fast-furious-sg,0,3828090.storygallery">allowed smugglers to purchase weapons</a>. The ATF lost track of the guns and they wound up in the hands of drug cartels -- even as <a href="http://latino.foxnews.com/latino/news/2012/09/11/atf-fast-and-furious-guns-appear-in-colombia/">far south as Colombia</a>.

Because American Politicians Refuse To Candidly Lead A Debate On Reforming Our Laws

Though the subject of marijuana legalization regularly ranks among the most popular at the digital town halls President Obama takes part in, he <a href="http://www.rawstory.com/rs/2011/07/06/askobama-twitter-town-hall-ignores-flood-of-marijuana-legalization-questions/">declines to address the issue</a> or give it a <a href="http://latimesblogs.latimes.com/technology/2009/03/obama-addresses.html">thoughtful answer</a>. Incidentally, a younger Obama <a href="http://www.wusa9.com/news/article/229756/82/We-Need-To-Decriminalize-Our-Marijuana-Laws----Barack-Obama">supported marijuana decriminalization and a rethinking of the drug war</a>.

Because The U.S. Tortures Detainees In Cuba

Almost 800 prisoners accused of terrorism have have been held at the <a href="http://www.hrw.org/news/2012/01/06/guantanamo-ten-years">U.S. military prison of Guantánamo</a>, Cuba, where they are detained indefinitely without facing trial. The United States has drawn international criticism from human rights defenders for subjecting the detainees there to torture and other cruel treatment. The Cuban government opposes hosting the U.S. naval base on its soil.

Because The U.S. Has The World's Largest Prison Population

The United States has <a href="http://www.prb.org/Articles/2012/us-incarceration.aspx">the world's largest prison population</a> by far -- largely fed by the war on drugs -- at 500 per 100,000 people.
The United States has the world's largest prison population by far -- largely fed by the war on drugs -- at 500 per 100,000 people.

Because The U.S. Jails Undocumented Immigrants Guilty Of Civil Violations

Because the United States <a href="http://www.detentionwatchnetwork.org/ExposeAndClose">imprisons roughly 400,000 immigrants</a> each year on civil violations.
Because the United States imprisons roughly 400,000 immigrants each year on civil violations.

Because The Border Patrol Kills Kids Who Throw Rocks

The U.S. Border Patrol has come under fire for <a href="http://www.huffingtonpost.com/2012/10/26/border-patrol-killing-un_n_2018731.html">killing minors who were throwing rocks</a>.
The U.S. Border Patrol has come under fire for killing minors who were throwing rocks.

Because The U.S. Recognized An Illegal Government In Venezuela

When opponents of leftwing Venezuelan President Hugo Chávez briefly ousted him in 2002, the United States not only failed to condemn the coup, it <a href="http://www.nytimes.com/2002/04/16/world/bush-officials-met-with-venezuelans-who-ousted-leader.html">praised the coup leaders</a>.

Because U.S. Extradition Undermines Justice In Colombia

When Colombia demobilized the largest rightwing paramilitary organization in 2006, if offered lenient sentences to those who would offer details on the atrocities the AUC committed. But rather than facing justice in their home country, <a href="http://www.propublica.org/article/colombian-paramilitaries-extradited-to-u.s.-where-cases-are-sealed">Colombia has extradited several paramilitary leaders to the United States</a> to face drug trafficking charges -- marking it harder for people like Bela Henríquez to find out the details surrounding the murders of their loved ones. "More than anger, I feel powerless," Henriquez, whose father, Julio, was kidnapped and killed on the orders of one defendant, told ProPublica. "We don't know what they are negotiating, what conditions they are living under. What guarantee of justice do we have?"

Because The U.S. Helped Create Today's Cartels

The U.S funded the Guatemalan military during the 1960s and 1970s anti-insurgency war, despite awareness of widespread human rights violations. Among the recipients of U.S military funding and training were the Kaibiles, a special force unit responsible for several massacres. Former <a href="http://ghrc-usa.org/Publications/factsheet_kaibiles.pdf" target="_hplink">Kaibiles have joined the ranks of the Zetas drug cartel</a>.

Because The U.S. Backed An Argentine Military Dictatorship That Killed 30,000 People

The rightwing military dictatorship that took over Argentina in 1976 "disappeared" some 30,000 people, according to estimates by several human rights organizations. They subjected countless others to sadistic forms of torture and stole dozens of babies from mothers they jailed and murdered. The military junta carried out the so-called "Dirty War" with the <a href="http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB104/index.htm">full knowledge and support of the Nixon administration</a>.

Because The U.S. Helped Topple The Democratically Elected Government Of Salvador Allende

When it became clear that socialist Salvador Allende would likely win the presidency in Chile, U.S. President Richard Nixon told the CIA to "make the economy scream" in order to "prevent Allende from coming to power or to unseat him," <a href="http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB8/nsaebb8i.htm">according to the National Security Archive</a>. Augusto Pinochet overthrew Allende in a bloody coup on Sept. 11, 1973, torturing and disappearing thousands of his political rivals with the backing of the U.S. government.

Because the U.S. Backed A Military Coup In Brazil In 1964

The Brazilian military overthrew the democratically elected government of João Goulart in 1964, with the <a href="http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB118/index.htm">enthusiastic support of President Lyndon Johnson</a>, ushering in two decades of repressive government.

Because The U.S. Funded A Terrorist Group In Nicaragua

The Reagan administration funded the Contra rebels against the Marxist Sandinista government in Nicaragua. Regarded by many as terrorists, <a href="http://articles.latimes.com/1985-03-08/news/mn-32283_1_contras">the Contras murdered, tortured and raped civilians</a>. When human rights organizations reported on the crimes, the Reagan administration accused them of working on behalf of the Sandinistas.

Because The U.S. Helped Finance Atrocities In Colombia

Through Plan Colombia, the U.S. has pumped over $6 billion into Colombia's military and intelligence service since 2002. The intelligence service has been disbanded for <a href="http://www.washingtonpost.com/national/national-security/us-aid-implicated-in-abuses-of-power-in-colombia/2011/06/21/gIQABrZpSJ_story.html">spying on the Supreme Court and carrying out smear campaigns</a> against the justices, as well as journalists, members of Congress and human rights activists. The military faces numerous allegations of human rights abuse, including the practice of killing non-combatants from poor neighborhoods and dressing them up as guerrillas to inflate enemy casualty statistics.

Because The U.S. Maintains A Trade Embargo Against Cuba Despite Opposition From The Entire World

For 21 years, the <a href="http://news.yahoo.com/u-n-urges-end-u-cuba-embargo-21st-192516276.html">U.N. has condemned the U.S. embargo against Cuba</a> and for 21 years the United States has ignored it. Some 188 nations voted against the embargo this year, with only the U.S. itself, Israel, Palau opposing.

Because The U.S. Engineered A Coup Against The Democratically Elected Government Of Guatemala In 1954

At the behest of United Fruit Company, a U.S. corporation with extensive holdings in Central America, the CIA helped engineer the overthrow of the Guatemalan government in 1954, ushering in decades of civil war that resulted in the loss of hundreds of thousands of lives.
At the behest of United Fruit Company, a U.S. corporation with extensive holdings in Central America, the CIA helped engineer the overthrow of the Guatemalan government in 1954, ushering in decades of civil war that resulted in the loss of hundreds of thousands of lives.

Because The U.S. Backed The Salvadoran Military As It Committed Atrocities In The 1980s

El Salvador's military <a href="http://www.pbs.org/itvs/enemiesofwar/elsalvador2.html">committed atrocities throughout the 1980s with U.S. funding</a>.
El Salvador's military committed atrocities throughout the 1980s with U.S. funding.

Because The U.S. Invaded Haiti and Occupied It For Almost 20 Years

Woodrow Wilson ordered the Marines to <a href="http://history.state.gov/milestones/1914-1920/Haiti">invade and occupy Haiti in 1915</a> after the assassination of the Haitian president. The troops didn't leave until 1934.

Because The U.S. Invaded Haiti Again In 1994

One invasion wasn't good enough. The U.S. <a href="http://wws.princeton.edu/research/cases/haiti.pdf">military returned in 1994</a>.
One invasion wasn't good enough. The U.S. military returned in 1994.

Because The U.S. Trained Military Leaders Who Committed Atrocities In Latin America

The School of the Americas in Ft. Benning, Georgia, trained soldiers and generals responsible for massacres and torture of tens of thousands of Latin Americans, <a href="http://www.aljazeera.com/programmes/insidestoryamericas/2012/09/201292081054585410.html">according to Al Jazeera</a>.

Because The U.S. Backed Dictator Rafael Trujillo

Rafael Trujillo Sr. (Photo by Hank Walker//Time Life Pictures/Getty Images)
Rafael Trujillo Sr. (Photo by Hank Walker//Time Life Pictures/Getty Images)

Because The U.S. Invaded Cuba And Undermined The Island's Independence

The so-called "Spanish-American War" began in 1868 with the first of a series of three wars for Cuban independence. In 1898, the U.S. got involved, invading Cuba and occupying the island after forcing Spain to give it. The United States then forced Cuba to <a href="http://www.ourdocuments.gov/doc.php?flash=true&doc=55">accept the odious Platt Amendent to its Constitution</a>, which allowed the United States to intervene in the country militarily and established the U.S. military base at Guantánamo.

Because The U.S. Colonized Puerto Rico

As long as you're invading Cuba, <a href="http://www.history.com/this-day-in-history/puerto-rico-invaded">why not take Puerto Rico</a> as well? The United States invaded in 1898 and the island remains a U.S. territory today.

Love HuffPost? Become a founding member of HuffPost Plus today.

This article originally appeared on HuffPost.