CANNABIS USERS BALK AT SHARING MEDICAL DATA

Health Canada Wants To Pass On Licensed Users' Data To Police

Health Canada is threatening to force licensed users of medicinal marijuana
to give the agency permission to pass on personal information to the police.

But users of medicinal marijuana claim the measure is an invasion of their
privacy, and worry the information Health Canada provides could be misused.

Letters "strongly encouraging" medicinal users to sign and return the
disclosure consent forms were sent out last week by Health Canada.

"This unsolicited letter shows Health Canada more than strongly urging, it
is bullying and threatening. And this is a matter of fairness," said
Philippe Lucas, director of Canadians for Safe Access to Medicinal
Marijuana, a non-profit organization.

"Why should chronically and critically ill people who use medical marijuana
be subject to different rules and regulations than other people in Canada?"

Health Canada says it needs the consent forms in order to confirm or deny
that someone is authorized to possess or grow marijuana. It's used, for
example, when police arrest or question a person who claims to be a
licensed user.

Currently, Canadians who are licensed to use or grow the drug by Health
Canada are given the option to consent to such disclosure when they make
their application. But last week, those who have not already given such
consent received the forms and letter urging them to agree.

The letter, dated Jan. 20, 2004, also informs recipients that Health Canada
is considering making the disclosure of such personal information to police
agencies mandatory.

"For the present, your consent to disclose remains voluntary," reads the
letter. "Given concern for the public good, however, Health Canada will be
looking at making consent to disclose to Canadian police agencies mandatory
in the future and to make disclosure a requirement in the Marihuana Medical
Access Regulations.

"In the meantime, you are strongly encouraged to sign the appended form and
return it in the enclosed, pre-stamped and addressed envelope."

The letter is signed by Beth Pieterson, director general of drug strategy
and controlled substances for Health Canada. She declined to speak the
Citizen when contacted Friday.

Catherine Saunders, a spokeswoman for Health Canada, confirmed 200 letters
soliciting consent for disclosure to enforcement agencies were mailed
recently by Health Canada.

"The purpose of those letters was to inform individuals of the benefits to
providing their consent," she said, adding that more than 70 per cent of
those exempted for medicinal marijuana have already given consent for the
information to be released.

Ms. Saunders said the reason disclosure was sought was for the exemptees'
personal safety.

"For example, if police were to receive a complaint from a neighbour and
they went to investigate, they might first wish to call Health Canada to
ask if the address was known to us as being that of a person who possesses
marijuana for medical reasons," she said.

Mr. Lucas, who is a licensed medicinal marijuana user in Victoria, B.C.,
received his letter from Health Canada on Jan. 23.

"It's interesting but not surprising they are actively soliciting us to
give consent," he said, "but I absolutely object to mandatory disclosure.
There are so many concerns with that."

Among them, he said, is the lack of discretion it would give to AIDS
patients and those suffering from other illnesses, "in terms of dealing
with things like insurance and general prejudices."

"Making it mandatory breaks all the rules of privacy," Mr. Lucas added.
"This is medical information about my medicine I share only with my doctor.
I only share this with Health Canada in order to get the exemption.
Cannabis is just like morphine, which is also illegal to possess without a
prescription."

Other authorized exemptees voiced concerns police may raid and arrest
exemptees the day after their licences ran out, if enforcement agencies
know the expiry date through the disclosure of information.

The letter from Health Canada says "under no circumstances" will personal
medical information be disclosed by the department. In fact, the consent
only allows Health Canada to confirm the person is a licensed user and how
much of the drug they can possess; the start and expiration of the permit,
their address, their date of birth and the production and storage location
for the marijuana.

All of that information is already listed on the plastic wallet-sized cards
Health Canada issues to licensed medicinal marijuana users.

Ms. Saunders would not provide answers as to why consent to release
information already available to police on the medicinal marijuana
licensing card was being demanded. She did say that the decision to show
the card to police is the choice of the licensed person, and therefore also
a matter of consent.

Russell Barth, an exempted user in Ottawa, showed his card to several
police officers when he received it last summer, but "most of them" weren't
familiar with the program. He said Health Canada should spend its money
educating the police about the program, rather than attempting to invade
exemptees privacy.