US Appeals Court Rules: DEA Allowed Access to NH Opioid Database Without a Warrant

On January 27, 2022, the US Court of Appeals for the 1st Circuit, Chief Judge Jeffrey Howard, ruled in “US Dep’t of Justice v. Jonas, No. 19-1243,” that the DEA (Drug Enforcement Administration) can “legally” access New Hampshire’s prescription drug database via an administrative subpoena, not a warrant. This is despite New Hampshire and United States laws to the contrary.

While 48 states have submitted to maintaining a networked prescription database (Prescription Drug Monitoring Program / PDMP), most people would argue that their personal medical and prescription records are protected by the 4th amendment (“no warrants shall issue, but upon probable cause.”) Personal healthcare and medical information is generally protected under doctor-patient confidentiality laws and is regarded as almost sacrosanct in the healthcare world (think HIPAA.) In this case, confidentiality was further supported by the 4th amendment to the US Constitution.

Overwhelming Support From the Liberty Community

Michelle Ricco Jonas, manager of the New Hampshire PDMP in 2018, refused the DEA’s request to fork over 2.5 years’ worth of prescription data of a “person of interest.” After being subpoenaed she argued that the records belong to the state, not an individual person. Since March 12, 2019, when the notice of appeal was docketed, Michelle Jonas and New Hampshire state received an outpouring of support from the ACLU of California, Maine, Massachusetts, New Hampshire, New York, Puerto Rico, and Rhode Island – in other words, all the districts represented by the 1st Circuit Court.

Over the past two grueling years of appeal, the ACLU supported Jonas, and questioned whether issuing a subpoena to a state employee is within the bounds of the district court. They argued that medical records, for all intents and purposes, are considered private information. While the DEA has the ability to subpoena an individual, the ACLU asked if that gave them the right to subpoena a representative, or employee, of the state. They also argued that the 4th Amendment requires law enforcement “to obtain a warrant based on probable cause only to secure records over which there is a reasonable expectation of privacy.” The ACLU argued that medical records warrant an expectation of privacy.

The prescription records at issue in this case reveal intimate, private, and potentially stigmatizing details about patients’ health, including details of those patients’ underlying medical conditions. For that reason, as with other medical records, people have a reasonable expectation of privacy in them.” – Summary of Argument, US Dep’t of Justice v. Jonas, No. 19-1243

 

So What Was the Loophole?

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NH HB 1022 – Permitting Pharmacists to Dispense Ivermectin Without a Prescription

Rep. Leah Cushman presents HB 1022 at the public hearing on 1/18/22

 

On January 12, 2022, Rep. Leah Cushman (R – NH) introduced New Hampshire HB 1022: an act permitting pharmacists to dispense the drug ivermectin by means of a standing order entered into by licensed healthcare professionals. The general argument is that many healthcare workers are unable to prescribe ivermectin, either because of hospital politics or outside pressures. This bill would override the need for a prescription for ivermectin, allowing everyone in New Hampshire to pick it up over-the-counter.

A public hearing for this bill took place on January 18, 2022. Rep. Cushman, House committee (Health, Human Services, & Elderly Affairs) members, doctors, and others took part in a lively discussion that spanned over two hours. The overall consensus appeared to be in favor of the bill, with a few speakers pleading that those who cannot (or do not) get the covid-19 vaccine need another readily-available, tried, and tested alternative.

The Benefits of Ivermectin Are Well Established

The only medicine for infectious diseases to win the Nobel Prize has recently been smeared in the mainstream media. Surprised? There are innumerable studies that have overwhelmingly shown the benefits of this drug to combat all types of disease. The difference is that now the media has portrayed it as livestock medicine, and nobody can seem to counteract the bad press–not even Joe Rogan.

However, most of those in attendance, including multiple committee members, fully supported pushing this bill further. Even those who believe that vaccines are the best option had to admit that withholding medicine to those who cannot or do not get the vaccine doesn’t make sense. In fact, people who have received the vaccine can benefit from ivermectin as well.

Dr. Paul Marik Was in Attendance

One speaker of note was Dr. Paul Marik, who traveled to the public hearing for NH HB 1022 all the way from Virginia.

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Representative Brodie Deshaies: Ignorant or a Liar?

Brodie Deshaies at the hearing looking guilty

Brodie Deshaies at the hearing looking guilty while Carla Gericke calls him out for using scare tactics

Representative Brodie Deshaies from Wolfeboro, New Hampshire testified in front of the State-Federal Relations and Veteran Affairs Committee on January 20, 2022 concerning CACR 32. The legislation seeks to let the people of New Hampshire vote to amend the Constitution and become an independent nation, breaking ties with DC. He was the legislator asked by the committee chairman to do the bulk of the research before the hearing.

Looking closely at all the claims Deshaies made about the legality of this bill and the implications concerning lawmakers voting to recommend that the House pass it, it is hard to decide if he is ignorant and easily swayed by empire-loving “constitutional scholars” from DC or if he gave a speech full of lies to sway the vote. He used fear-mongering language directed at the committee, implying that they may be charged by Washington DC if they vote ‘Ought To Pass’ and supported the bill through the legal process. This article is a close-up look at his claims and will look at all the material he references to see if he is really making a constitutional argument against CACR 32.

Deshaies starts off with an acknowledgment of how the public perceives him. There are some people who are pretty upset with me in the room,” he says. This is already very indicative of his character. He sent Elliot “Alu” Axelman (the editor-in-chief of LibertyBlock.com and the author of multiple books on secession) an email full of misinterpretations of the US and New Hampshire Constitutions a few weeks ago. When Alxelman politely asked if he wished to engage in a public debate on the topic, Deshaies cowered and declined. Without the opportunity to debate Deshaies, and with no legislator agreeing to debate him, Alu published his rebuttal to Deshaies’ anti-independence letter on his website. The article destroys the few arguments that the anti-freedom legislator sought to make in his letter. Instead, Deshaies went on to publish the exact same letter in an op-ed article on NHJournal.com. So, now we know he knows how people feel about his twisting of the facts, but he just goes on to ignore the people and doubles down on his way of thinking. We see from this very first sentence that he isn’t the sort of person who feels he should be in office doing what the people of New Hampshire want. He feels he’s in office to rule over the citizens of New Hampshire with an iron fist.

He goes on to say that after speaking to many “constitutional scholars” such as David Williams, author of “The Mythic Meanings of the Second Amendment”, that he believes this committee was engaged in a “constitutional process” by voting Ought to Pass or Inexpedient to Legislate. Which means every vote cast is “aiding in the constitutional process,” and “approving it at each time along the way”.

Deshaies claims, “Every vote cast has a constitutional ramification judging by amendment fourteen of the US Constitution, section three. Some scholars would argue that this is rebelling, even if it’s peaceful. This very well could be an argument where voting for this, aiding and abetting in that process could very well be unconstitutional.”

So, there it is, folks. Deshaies spoke to a man who wrote a book arguing that the second amendment doesn’t really give all Americans the right to bear arms for advice on what the Constitution says. Then, he came up with a clever way to subtly scare the other members of the committee out of voting Ought to Pass on this bill. He used a mildly veiled threat of ‘insurrection’ and ‘rebellion’ to convince everyone on the committee to vote 21-0 against recommending the bill to be passed. Even the two committee members who told Axelman that they would support the legislation ultimately caved to the fear and voted to kill it. (more…)

Update: New NH HB 1025 Aims to Limit Witnessing Police

This bill would give police the right to tell any person they must stay back at least 30 feet.

 

A new bill was introduced to the NH House on January 5, 2022 that, if passed, could have serious, far-reaching consequences for 1st amendment auditors and anyone attempting to witness or film police interactions in New Hampshire.  

Introduced by Rep. Al Baldasaro (R – Rockingham 5) and cosponsored by Rep. David LoveRep. Vanessa SheehanSen. Sharon CarsonSen. Bob Giuda, and other Republicans, the bill attempts to add an 11th section to Chapter 642 of the Criminal Code; (642:11 Impeding or Provoking a Law Enforcement Officer.) 

Update

NH HB 1025 was presented to the New Hampshire House Committee on January 19, 2022. Committee members voted unanimously to recommend ITL (inexpedient to legislate) status for this bill. Nineteen of the 21 members were present, with a final vote in favor of ITL: “Yea” – 19 votes; “Nay” – 0 votes; with 2 not voting. You can view the vote in the video below (48:35 – 52:10.)

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Full Video from Historic Hearing on CACR 32, the NH Exit Constitutional Amendment

It was standing-room-only this Thursday afternoon as the state house Federal Relations committee held a historic hearing on CACR 32, likely the first-ever proposed constitutional amendment to peacefully declare independence from the United States.  Freedom-loving activists packed the large-sized room, nearly forcing the hearing into Rep’s Hall, which can hold four hundred.  Many people testified in favor of the bill and with the exception of a few Empire Loyalist state reps who spoke against it, everyone else who spoke was in favor of it, except for one guy.  I was able to get independent video of the entire three-hour hearing as well as the press conference prior to it.  Thank you to everyone who turned out.

Here’s the full hearing video:

Here’s the press conference prior to the hearing:

Unfortunately, the committee voted 21-0 against the proposed amendment. NHexit.US has the full story and video of the committee’s discussion and vote.

Psilocybin Mushroom Decriminalization Bill to Have Second Hearing

Liberty Cap Mushrooms

HB 1349 is a bill that would decriminalize psilocybin mushrooms sponsored by Amherst Representative Tony Labranche. The bill had its first hearing in the Criminal Justice committee on January 11th, but while all the other bills heard that day got voted on, HB 1349 had a new hearing date scheduled. That means you have another chance to go and show your support for the bill on Thursday, January 20, 2022 in the Legislative Office Building in Concord at 9am. Alternatively, if you can’t make it you can email the committee and tell them to vote Ought To Pass.

The bill is very interesting because it is modeled word for word after the bill that decriminalized marijuana in New Hampshire. What argument does a member of this committee have against this bill? Psilocybin mushrooms are even safer for people and society than marijuana, according to Dr. David Nutt, former chairman of the Advisory Council on the Misuse of Drugs in the UK.

I spoke at the hearing on January 11th and so did 4 others. The only person who spoke against this bill was a police lieutenant. How typical. The only person who didn’t want to see Granite Staters gain more freedom was a person who personally profits from the war on drugs.

The New Hampshire Supreme Court already decided that psilocybin use was constitutionally protected if you’re using it for religious practice or to worship god. My spiritual beliefs include worshiping the god in myself by allowing myself the ability to ascend beyond what and who I am now. Psilocybin is a great tool to do that and more people experiencing this medicine would help heal our community which is in part damaged by the war on drugs.

The bill: http://www.gencourt.state.nh.us/lsr_search/billText.aspx?id=1711&type=4

If would like to contact the committee hearing this bill use this email: HouseCriminalJusticeandPublicSafety@leg.state.nh.us