Articles - Law Offices of Eric D. Shevin

DOCTOR'S OFFICE RAIDED - RECORDS SEIZED
October 10, 2001

SANTA MONICA CA: A team of San Bernardino County narcotics officers raided the office of Dr. William Eidelman, a popular medical cannabis specialist with many patients in the greater LA area, and seized his computerized patient records. Unlike the recent raid on Dr. Marion Fry in El Dorado County, there was no evidence of federal involvement in Dr. Eidelman's case.

Officers presented a search warrant charging that Dr. Eidelman had provided recommendations to two San Bernardino narcotics agents without valid medical grounds in violation of Health & Safety Code section 11153 (issuing a prescription for a controlled substance for illegitimate purposes) and HSC 11156 (prescribing to addicts). Dr.Eidelman's attorney, Eric Shevin, questions whether HSC 11153 & HSC 11156 are applicable to Prop. 215 recommendations, and whether San Bernardino officers were within their jurisdiction in Santa Monica. No charges have been filed yet against Dr. Eidelman, but his patient records are all in official custody, along with his computer, pending a Monday hearing in San Bernardino to determine whether police can examine them. A special master of the California Medical Board was present at the raid to assure protection of confidential records. Shevin says that his client will ask for the records to be returned under patient-physician privilege.

In a separate action the same day in Santa Monica, a narcotics squad raided the Comfort Care medical cannabis center, destroying a small garden and arresting director Steve Corchado and three patients. Corchado says that two of the agents had previously approached him with recommendations from Dr. Eidelman. Corchado says that police left a sign boasting that the club had been closed "courtesy of the Santa Monica vice squad," but he intends to re-open next week.
SEIZED MEDICAL RECORDS RETURNED

October 15, 2001, SAN BERNARDINO CA: A Superior Court ordered the return of computerized patient records seized from Dr. William Eidelman in a raid by San Bernardino narcotics agents on Oct. 10. Six patient files belonging to defendants involved in current San Bernardino medical marijuana cases were copied for use by the police. The court also ordered that the records of two San Bernardino narcotics agents who had obtained recommendations from Dr. Eidelman be deleted from his files.

The proceedings were monitored by a master of the state Medical Board to ensure patient confidentiality. So far, no criminal charges have been filed against Dr. Eidelman, but further investigation may be pending.

Source: Cal NORML
By Dale Gieringer

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