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Recently in court I was asked by an attorney what the 'specific law' was that defined the term 'bona fide' concerning the Dr/Pt relationship.  I mentioned HB 4851 and the medical board standards for the bona fide Dr/Pt relationship and was corrected by the attorney.  These were not actual laws she said, one was a recommendation by the medical board, the other was a bill.

The question was in response to the characterization of a 'certification clinic event' where no physician was in contact with the patients and my contention that this didn't qualify as a 'Bona Fide' Dr/Pt relationship.  I discussed the Michigan Medical Marijuana Act, and I discussed the Medical Practice Act (which is the legal basis of medicine in Michigan).  While the court sided with me overall, this question was not resolved.

Obviously, this issue has been at the forefront of list of 'grey areas' within the MMMA over the last couple of years.  After reflecting some more on the question, I think I've come up with an answer....

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We are making huge inroads in the acceptance of medical cannabis in the general public, over 80%, and we are over 50% for full legalization according to the polls (Gallop Poll on Marijuana). We have about 1/3 the states with medical cannabis laws, some for up to 15 years. We need to continue that trend.

To do so, in my opinion, we need to continue the efforts made by many in this field.

  • We need to play by the rules when we have state cannabis laws. Every time we push the envelope and over shoot, we get a black eye in public opinion.
  • We need to promote the attitude that it is 'no big deal' a city council debate on medical marijuana should someday be viewed with the same public interest as a discussion of a drain commission report- routine business about a routine subject- not a controversy.
  • We need to educate physicians about what cannabis can and cannot do, and encourage them to use it in their primary care practices in place of narcotics and other harmful drugs. Physicians exposed to cannabis certification clinics, talking to patients, express shock at the amount of reduction in narcotics the patients and their MAP reports show. This is a key point to speak to doctors about.

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This is an excellent infographic from Toke of the Town concerning the status of cannabis as a schedule 1.

 

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From the ACLU

The City Of Wyoming’s Ordinance Banning Medical Marijuana Violates Michigan’s Medical Marihuana Act

The American Civil Liberties Union of Michigan applauded a state appeals court decision today (August 1, 2012) declaring the City of Wyoming’s ordinance that bans medical marijuana “void and unenforceable” because it directly violates the state’s Medical Marihuana Act.

The lawsuit was originally filed in November 2010 on behalf of John Ter Beek, a retired attorney and medical marijuana patient who suffers from diabetes and a neurological disorder that causes neuropathy and severe pain.

“In 2008, people across the state overwhelmingly voted to protect patients who use marijuana to treat their medical conditions from punishment and penalty,” said Dan Korobkin, ACLU of Michigan staff attorney. “Today’s decision by the Michigan Court of Appeals rejects the misguided efforts of a few local officials to undo the results of that historic election. Now that the law is clear, all cities should take notice and stop threatening to treat patients who have done nothing wrong like criminals.”

The ordinance was adopted by the Wyoming City Council in 2010 despite a public outcry. Ter Beek, who feared criminal and civil penalties if he grew or used medical marijuana in accordance with state law, filed the lawsuit challenging the ordinance. The ACLU later joined the lawsuit.

 

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Marinol Vs. Medical Marijuana

(Just a little article from the web)


Agaric, Yahoo! Contributor Network
Jan 31, 2007 "Share your voice on Yahoo! websites. Start Here."

Marinol is a synthetically-produced medication to mimic the effects of marijuana in cancer and glaucoma patients. The drug has been marketed as a safe alternative to medical marijuana, and is completely legal to purchase. However, the question remains whether or not Marinol is up to par with medical marijuanain terms of health benefits.


Why would a drug be synthetically produced in order to create the same effects of something that occurs naturally in nature and can be taken just as easily? Well, in this particular case since it is illegal to sell, possess, or use marijuana in the United States, a country that has seen marijuana used medically, then it seems obvious that to avoid decriminalizing marijuana a viable alternative should be created. In order for a synthetically-produced substance to be superior to a naturally-occurring substance, it has to pass certain tests. The first test is that it has to pose less side-and adverse effects when compared to the naturally-occurring substance. The second is that it has to produce comparable beneficial effects compared to the naturally-occurring substance. And finally, it has to be cost-effective for the consumer. In this particular case the final test is quite important because both Marinol and medical marijuana are used by patients with a terminal illness whose medical bills are already very high.

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