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Bona Fide Issue Resolved By Mi Board Of Medicine

Feb 02 2012 12:00 PM | Q-tipper in Health
Yesterday the Michigan Board of Medicine may have ended the discussion regarding what a "Bona Fide" dr/pt. relationship is. They issued the following memorandum...


The Board of Medicine and the Board of Osteopathic Medicine and Surgery has
adopted the following statement to clarify the standard of care applicable to the
evaluation of an individual for the purpose of certification to use marihuana for any
medical condition:

Generally accepted components of a full medical evaluation to determine
suitabitity and appropriateness for recommending treatment of any kind, including
certification for medical marihuana, include:

- a hands-on physician patient encounter
- full assessment and recording of patient's medical history
- relevant physical examination
- review of prior records of relevant examinations, treatments and treatment
response including substance abuse history
- receipt and review of relevant diagnostic test results
- discussion of advantages, disadvantages, alternatives, potential adverse
effects and expected response to treatment
- development of plan of care with state goals of therapy
monitoring of the response to treatment and possible adverse effects
- creation and maintenance of patient records documenting the information
above
- communication with patient's primary care physician when applicable

The Boards expect that these medical encounters would be completed at permanent
locations that enable the patient to retum for follow-up, consultation or assistance as
needed.

A physician failing to meet generally accepted standards of practice when certifying a
patient to use marihuana for a medical condition may be found to be practicing below
the acceptable standard of care and therefore may be subject to disciplinary action.
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Planet Green Trees Episode 76 - Matt Abel Canna...

Jan 13 2012 03:02 PM | Q-tipper in Legal




http://www.blogtalkradio.com/planetgreentrees/2012/01/13/episode-76-lets-end-prohibition-w-atty-matt-abel

HostedBy: Attorney Michael Komorn

VeryImportant Show Last Night. History is Made

Thelargest medical marihuana patient advocacy group in Michigan, The MichiganMedical Marihuana Association, CEO Joe Cain, President Michael Komorn, pledgetheir support for a constitutional amendment to repeal the prohibition ofmarihuana. As stated by Joe Cain, Bill Schuette has given patients no choice butto support this initiative, our community of sick people are scared. Thegovernment needs to be talking about getting the cards out on time and addingnew conditions to the registry, not limiting the protections of the act.

Also:Shakina Pena calls in to report on her victory after a jury trial allegingvoter fraud ( a politically motivated prosecution)

AlsoNick Agro calls in to talk about the tortured story of the Agro family over thelast 2 years but reports on finally getting some justice, when Judge Dan Obriandismisses all charges in the Clinical Relief case.




http://www.blogtalkr...lanetgreentrees



PLANETGREENTREES Call-in Number: (347) 326-9626



Call-inNumber: (347)326-9626









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Kalamazoo Voters To Decide Marijuana Enforcemen...

Nov 04 2011 01:33 AM | blueberry in Legal
By: Raven Thompson
Kalamazoo, MI
November 3, 2011
WMUK
Download

Listen to this report (5:19)


Kalamazoo City ballot question

Possessing even small amounts of marijuana in Michigan is illegal without a state medical marijuana I-D card. Violators convicted of the misdemeanor charge can face up to a year in jail. But on Tuesday, November 8th, voters in Kalamazoo will decide whether or not to make possession of an ounce or less of marijuana by someone 21 or older the “lowest law enforcement priority” in the City. WMUK’s Raven Thompson reports:

The issue wound up on the ballot after supporters gathered enough petition signatures to put it there. The campaign by the group Kalamazoo Coalition for Pragmatic Cannabis Laws was led by Louis Stocking. He wasn’t available for interviews. But other supporters have spoken out. They include Kalamazoo Attorney Daniel Grow. He says the proposal to de-emphasize pursuit of offenders who have small amounts of marijuana is a vote on police priorities:

[Daniel Grow] “Making the pursuit of crimes like rape, theft, child endangerment those types of things; crimes where someone’s harmed or property is stolen a higher priority then crimes that are merely a crime because they’ve been designated as such for the possession of less than one ounce of marijuana. The police department’s resources and the court’s resources are limited and this ballot initiative allows the voters to tell the court system and police department that they want the more serious crimes to be the top priority and these statutory crimes involving the possession of marijuana to be the lowest priority for law enforcement.”

But Jeff Hadley, Kalamazoo’s Chief of Public Safety, says he doesn’t think much would change if voters approve the proposal:

[Jeff Hadley] “We don’t dedicate specific resources to the enforcement of marijuana; it just comes by way of many other things. And it is illegal to poses marijuana and we are sworn to uphold the law and enforce it in a fair and just manner, so I’m not sure what impact it will have on how we operate.”

Hadley says Kalamazoo Public Safety officers usually make small marijuana busts as the result of traffic stops or other kinds of unrelated offenses. He says his officers already don’t switch on their lights and sirens in pursuit of people who have a few joints, although Hadley says those trafficking in large amounts of pot are a different matter.

Kalamazoo’s City Attorney Clyde Robinson also says he doesn’t think the proposed ordinance would change much when all is said at done:

[Clyde Robinson] “It will be a part of the City Charter, but the question as to its affect on public safety operations is up in the air given the fact that there is no local ordinance addressing the use or possession of marijuana except for permitting marijuana as a home occupation.”

That last is allowed under Michigan’s voter-approved medical marijuana law.

Charles Ream is the statewide coordinator of the Safer Michigan Coalition. It supports “Lowest Law Enforcement Priority”, or LLEP initiatives, like the one in Kalamazoo. Ream says the proposal is about allocation:

[Charles Ream] “I produced a six-page document which lays out this scientific data by academic criminologists which proves, it’s not just an opinion, it proves that when you apply resources to chasing after marijuana or drugs that you reduce the resources that you have that are available for fighting real crime. And you actually diminish the amount of real crime that is solved.”

But City Attorney Clyde Robinson says Kalamazoo officers are only enforcing state marijuana laws. He points to a case in Ypsilanti in the 1970’s. It had an ordinance that made possession of small amounts of marijuana a civil, rather than a criminal infraction. It also required police officers to refer cases to city officials rather than the county prosecutor:

[Clyde Robinson] “Ypsilanti officers proceeded through state statute and that was challenged and the courts have said a police officer has the ability to enforce state law and they can’t be precluded from doing so.”

Michigan Attorney General Bill Schuette makes the same point. He says the proposed Kalamazoo ordinance conflicts with state law and can’t be enforced if it is approved. But Schuette couldn’t prevent it from going to voters because the state constitution doesn’t give the attorney general authority to block ballot questions based on petitions.

Kalamazoo attorney Daniel Grow says that’s as it should be. He hopes Kalamazoo voters will approve the marijuana enforcement ordinance, and that officials at all levels will listen:

[Daniel Grow] “Our elected officials simply have to heed the voices of our voters. If the Michigan voters, the people on the street, think the police and the court system have gone too far in one area and have neglected another area of the law, then I think it’s imperative that they respect that voice. There’s always an argument that can be made, you know, a technical argument in terms of whether legally this is the best way to go about it or the only way to go about it, but I don’t think that’s important. I think it’s important that our elected officials hear the voice of the people who they are supposed to be serving.”

Kalamazoo voters almost had two marijuana propositions to consider this fall. Another group circulated petitions to get a question before voters that would allow three medical marijuana “dispensaries” in the City. Supporters gathered enough signatures but the question didn’t make it on the ballot because of counting mistakes by the City Clerk’s office.

Kalamazoo voters will decide the proposed marijuana enforcement ordinance November 8th.

© Copyright 2011, WMUK

My link
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Doctors Refuse To Authorize Medical Cannabis Use

Nov 03 2011 07:25 PM | blueberry in Health
Canada: Doctors Refuse to OK Marijuana Use
URL: http://www.mapinc.or...1/n643/a06.html
Newshawk: Haden, Mark [VC]
Votes: 0
Pubdate: Tue, 01 Nov 2011
Source: Ottawa Citizen (CN ON)
Copyright: 2011 The Ottawa Citizen
Contact: http://www.canada.co...en/letters.html
Website: http://www.canada.com/ottawacitizen/
Details: http://www.mapinc.org/media/326
Author: Sharon Kirkey
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

DOCTORS REFUSE TO OK MARIJUANA USE

Patients Left in Pain; Some Users Risked Being Jailed for Using a Drug That Helps Them Function. and Proposed Health Canada Changes Could Make the Situation Worse, Writes Sharon Kirkey

A decade after Canada legalized the medical use of marijuana, most doctors are still refusing to sign the declarations patients need to get legal access to pot - meaning patients in pain risk being jailed if they use a drug that helps them function.

It's a predicament that threatens to become worse because of proposed changes to how Health Canada regulates access to the drug.

At first glance, it appears the government is easing up on strict rules for obtaining medicinal marijuana. Health Canada has proposed removing itself as the ultimate arbiter in approving or rejecting applications to possess.

Instead, doctors alone would sign off on requests.

But the nation's largest doctors' group said the proposals would have the perverse effect of putting even greater pressure on MDs to control access to a largely untested and unregulated substance they know little to nothing about; a drug that hasn't gone through the normal regulatory review process. Their licensing bodies have told doctors that they are under no obligation to complete a medical declaration under the current regulations and that any one who chooses to do so should "proceed with caution."

Dr. John Haggie, president of the 75,000-member Canadian Medical Association, said the changes being proposed would essentially off load all responsibility for using and monitoring marijuana to the doctors who sign an authorization - "and they'd be kind out of out there, without any infrastructure around them to assess it, to monitor it and to know if they were doing the right thing.

"I don't think that's appropriate or fair," he said.

Observers said doctors fear doing harm, exposing themselves to legal action and becoming the "go-to" source for people seeking pot not to alter their pain but to alter their consciousness.

Haggie said physicians want fundamental research into some basic questions - is it safe? Who does it work for? Who should not use it? Yet the Conservative government abruptly terminated a medicinal marijuana research program in 2006. According to Health Canada, the government believes clinical research is "best undertaken by the private sector, such as pharmaceutical companies."

A world leader in cannabis research said the logic defies him.

"I cannot imagine how a government agency can supervise ( a marijuana access ) program knowing that there is very little data out there - on safety issues in particular - and not try to stimulate research," said Dr. Mark Ware, head of the Canadian Consortium for the Investigation of Cannabinoids, a non-profit network of more than 150 clinicians and researchers investigating the potential role of cannabinoids in diseases from arthritis to glaucoma.

No drug company wants to evaluate smoked marijuana as a medicine, Ware said, because there's no money in it for them. Funding agencies have been less than approachable, he added, because there's little appetite to support studies involving a product that's often smoked. In clinical parlance, "They don't see it as a safe, viable drug delivery system," said Ware, director of clinical research at the Alan Edwards Pain Management Unit at the McGill University Health Centre.

Ware said he wonders how much the government's disinterest in research might be tied to its toughon-crime political agenda - "that somehow facilitating research on medicinal cannabis is a way of accepting that it may have some value as a medicine."

The Montreal doctor, who is helping reform medical school curricula to better educate physicians around pain, received about $2 million under the now-dead medicinal marijuana research program. In a study published in the Canadian Medical Association Journal last year that involved 21 patients with neuropathic pain - a common and dreaded condition that causes electric, stabbing pain - Ware's group found that smoked cannabis at low doses reduces pain, improves mood and helps sleep, without making people high. All had "refractory" pain, meaning pain that had defied all traditional treatments. No serious or unexpected side effects were reported.

Ware avoids prescribing cannabis to patients with a history of psychosis or schizophrenia, because it's psychoactive at high doses - and sometimes even therapeutic doses. It can also be dangerous to people with unstable heart disease.

Still, there has never been a proven overdose death caused by marijuana in humans, according to Ontario's highest court. Ware said that for patients for whom it works, cannabis can achieve about 30 per cent reduction in pain intensity.

But doctors remain wary - their chief concern being: How do I know when a patient is seeking a licence for a legitimate medical purpose and not simply to get legal access to an otherwise illicit drug?

Ware's consortium has been working hard to educate and support doctors around the use of cannabis. He said data from Health Canada suggest that the average medical user is consuming two grams per day - - about four joints when smoked. "It's just taking that information and getting it into the hands of practising physicians. Then at least they know what the ballpark is."

Some patients were getting authorizations for far higher amounts, because doctors didn't know that 30 or 40 grams a day could be outside the "normal" range, he said.

Health Canada said the proposed changes to the program - which would include removing the rights of patients to grow their own supply of marijuana or to appoint designated growers, forcing users to get their pot from a licensed commercial producer instead - would make the program less complicated for seriously ill Canadians.

Paul Lewin begs to differ. Doctors already are boycotting the program en masse, the Toronto lawyer said. Lewin said medical regulators and insurers sent letters to the government, "saying, 'Don't put us in charge, don't make us a gatekeeper, we don't know anything about pot, this is a plant product, it's an unapproved drug.' "

Lewin said the court heard stories of how some doctors encouraged their patients to use pot for their pain. The patients would return, reporting that the marijuana was helping, that they were feeling less pain. But when they asked the doctors to sign their forms, "that's when the mood changes," Lewin said.

"That's when they say, 'Get out. I'm not risking my practice over you.' "

Lewin's client, Matt Mernagh, started growing marijuana when he found it provided some relief from chronic pain and other symptoms of scoliosis, fibromyalgia and epilepsy. But he couldn't get a licence to grow, because he couldn't find a doctor to sign his declaration.

Police found Mernagh's plants in 2008 when they were in his apartment building on an unrelated call. He was charged with production.

Lewin took the case to the Superior Court in Ontario. The court declared the federal medical marijuana program unconstitutional. The case is scheduled to go to the Court of Appeal for Ontario in March.

Lewin said the proposed changes to the marijuana access program are likely to scare off some of the few doctors willing to sign declarations, meaning "more seriously ill, lawabiding Canadians will be wrongfully treated as criminals" and subjected to humiliating arrests, medicine seizures and possibly even jailed, he said.

skirkey@postmedia.com

Twitter.com/sharon_kirkey

AUTHORIZATION TO POSSESS MARIJUANA

In 2001, 727 doctors supported an application for an authorization to possess marijuana. In 2010, 3,187 doctors signed a declaration. Between Jan. 1 and Oct. 25, 3,803 doctors supported an application for an authorization to possess.

As of Sept. 30, 12,216 people in Canada held authorization to possess marijuana for medical purposes.

Who has authority to approve or reject submissions in the new system?

Under the proposed changes, patients would continue to consult with their physician in order to obtain access to marijuana for medical purposes. Once it has been determined that the use of marijuana for medical purposes is appropriate, the physician would provide the individual with a document. Health Canada is consulting the medical community on the form that this document would take.

Individuals would then send the physician's document directly to a licensed commercial producer of their choice. The licensed producer would validate the document from the physician by confirming that the physician is licensed to practice medicine in Canada. The licensed producer would register the individual as a customer and would process the order for a specific amount of dried marijuana. Health Canada would maintain an up-to-date list of licensed producers on its website, and work with the medical community to disseminate this information as widely as possible.
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Protest At The Courthouse

Nov 01 2011 01:10 AM | blueberry in Activism
The Attorney General Bill Schuette has added himself as a plaintiff in the civil case of Chesterfield Twp. and their Chief of Police vs. Big Daddy's. PROTEST AT THE COURTHOUSE at 12 noon, the Hearing begins inside at 1:00 November 3rd, 2011, Macomb County Circuit Courthouse, 40 N Main Street, Mt. Clemens, MI located in downtown Mt. Clemens. Pre-protest gathering and sign-making workshop arrive as early as 10am at 52011 Gratiot in Chesterield Township, MI located north of 23 Mile Road.We will make signs and have coffee & donuts. We will provide transportation from there to the courthouse. After court we willl meet back at Big Daddy's for hopefully a victory celebration and have lunch. Pass the word on!
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You are cordially invited to attend the 2nd ann...

Sep 16 2011 11:00 PM | Michael Komorn in Activism
You are cordially invited to attend:

2nd annual MMMA film fest

The Michigan Medical Marijuana Associations 2nd Annual film festival
Sat. Oct 22nd 2-5pm
2150 Bagley, Detroit MI 48216



We will be showcasing ten short videos submitted by MMMA members
The videos will be judged, and awards given to the top three films.
We encourage participating film makers to consider no more than a 5-10 minute limit of the films submitted.

We are asking for a donation to the MMMA of $10-$20 for admission.
NO ONE WILL BE TURNED AWAY

The film festival will also feature:

a panel discussion on the new laws and proposed amendments, and updates on the current state of the law.
Recent documentaries regarding cannabis as medicine
a patient medication lounge
raffle prizes
live music

SUBMIT YOUR VIDEO:

Mail a DVD to the MMMA
3000 Town Center Ste 1800
Southfield, MI 48075


All entries must be submitted by Oct. 16th
all topics will be considered, but themes relevant to the medical marijuana community will be favored.

Please join the MMMA as we continue to make a safe environment Michigan patients and caregivers.

We look forward to seeing you...


Sincerely:

Joe Cain (CEO)
Michael Komorn (President
)
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