Does A Dr. Really Need To Go To Court?

[MiMedical]

What would a Dr. need to come to court for in the event of a Section 8 defense?

I like Michael Komorns arguments that there is no specific need for the Dr. to testify in regards to any patient being certified to use MMJ.

as long as I provide proof of follow-up care there should be no question. My only concern is that it may backfire and I will only have ONE shot at a Section 8.

 

Thoughts?

 

Sec. 3. As used in this act:

(a) "Bona fide physician-patient relationship" means a treatment or counseling relationship between a physician and patient in which all of the following are present:

(1) The physician has reviewed the patient's relevant medical records and completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.

(2) The physician has created and maintained records of the patient's condition in accord with medically accepted standards.

(3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient's debilitating medical condition.

[trichcycler]

nope, a doctor does not have to show up, but if it was me, I'd prefer lots of professional witness testimony in my defense.

[Restorium2]

Probably to prove the relationship. You could have the doc do a sworn testimony separate from court like with a disability case. Many specialists do that for their patients that have to go to court about their health claims.

[MiMedical]

nope, a doctor does not have to show up, but if it was me, I'd prefer lots of professional witness testimony in my defense.

 

I'm a patient with a deceased PCP, currently have no PCP, I have been seeing a MMJ Dr for the past year on multiple accounts through that year for follow-ups, where else could I find expert testimony?

[trichcycler]

Mention your area and many will chime in I think. I visited thcf clinic first, and highly rec Dr  Paul Meyer in Saginaw, located on Google. He's professional, relaxed, and compassionate. He provided a thorough exam during my visits.

[Restorium2]

You need to have seen the doctor already prior to the incident to use them for section 8, as defined by the courts.

[GregS]

A signed, notarized statement from a certifying physician has a good chance to be found sufficient to disregard the need for oral testimony. It is best not to put any person unnecessarily on the witness stand.

 

https://sites.google.com/site/medcannabis/freeformbank

[MiMedical]

My Dr will come to court for me, but I don't think it is required, but I also don't want to get shafted if the PA says he "needs" to be there. I will get a letter from him, he's a very busy guy and I don't believe in dragging him into somthing that he has already done, correctly.

[t-pain]

like i said in another thread, you are innocent until proven guilty. your doctor is also innocent until proven guilty. the prosecutor has to prove you dont have a bona-fied relationship.

 

you dont have to prove nothin! make her prove it.

 

of course, judges dont care, they all think you are guilty instantly.

like other posters say, if you want less trouble, the more doctor testimony the better.

Edited February 11, 2014 by t-pain

[bobandtorey]

Mention your area and many will chime in I think. I visited thcf clinic first, and highly rec Dr  Paul Meyer in Saginaw, located on Google. He's professional, relaxed, and compassionate. He provided a thorough exam during my visits.

I have also gone and went to the THC-F clinic we both had gone and i agree it is and still is one of the best place's to be Citified back in 09 it was one of the first here in Mich. and many other Doctor that started doing Certifications in 09 took notes form the THC-C 

[bobandtorey]

You need to have seen the doctor already prior to the incident to use them for section 8, as defined by the courts.

Yes as defined by the Courts but not the Law as it is written 

[bobandtorey]

like i said in another thread, you are innocent until proven guilty. your doctor is also innocent until proven guilty. the prosecutor has to prove you dont have a bona-fied relationship.

 

you dont have to prove nothin! make her prove it.

 

of course, judges dont care, they all think you are guilty instantly.

like other posters say, if you want less trouble, the more doctor testimony the better.

i agree but that going to also cost you big $$$$

[bobandtorey]

My Dr will come to court for me, but I don't think it is required, but I also don't want to get shafted if the PA says he "needs" to be there. I will get a letter from him, he's a very busy guy and I don't believe in dragging him into somthing that he has already done, correctly.

Sorry a letter won't help

[bobandtorey]

My Dr will come to court for me, but I don't think it is required, but I also don't want to get shafted if the PA says he "needs" to be there. I will get a letter from him, he's a very busy guy and I don't believe in dragging him into somthing that he has already done, correctly.

Back in our case 2009 the Lawyer and the  ACLU tried to stop the Doctors from coming to Court they all knew it wasn't going to be good for anything if the Courts started making every body bring in their Doc and that would mean wait for it ( Less Doc's doing Cert's)

Edited February 12, 2014 by bobandtorey

[MiMedical]

Sorry a letter won't help

A certified letter notarized with the Dr's credentials, and that he has stated in his professional opinion after assessing relevant medical records in the course of a bonafide relationship... He was not part of any assumed crime, so I don't feel he is needed for court, I know my Dr will stand behind his rec, but why have the doc come in? Notary should be enough with the above mentioned.

[bobandtorey]

A certified letter notarized with the Dr's credentials, and that he has stated in his professional opinion after assessing relevant medical records in the course of a bonafide relationship... He was not part of any assumed crime, so I don't feel he is needed for court, I know my Dr will stand behind his rec, but why have the doc come in? Notary should be enough with the above mentioned.

And i agree should be enough and may be enough in a Court room i know none of  

[MiMedical]

Bob, what if someone meets or exceeds two of the three prongs, and the one prong of a sec 8 goes before a jury, can they say the word medical marijuana before a jury?

[Dr. Bob]

the doctor is not a party to the case.  they are like your attorney, a professional you hire to educate the jury.  if you are in an accident and sue for damages you bring the doctor in as an expert witness to help prove your case.  a section 8 is similar.

 

for my patients i provide a letter and a cv.  

 

dr. bob

[MiMedical]

the doctor is not a party to the case. they are like your attorney, a professional you hire to educate the jury. if you are in an accident and sue for damages you bring the doctor in as an expert witness to help prove your case. a section 8 is similar.

 

for my patients i provide a letter and a cv.

 

dr. bob

Good stuff, Thanks

[bobandtorey]

Bob, what if someone meets or exceeds two of the three prongs, and the one prong of a sec 8 goes before a jury, can they say the word medical marijuana before a jury?

I am no Lawyer and this is only my opinion There has not been a jury trial that  someone can say the words medical marihuana to them as of  Yet if someone knows of one please post a link i have been waiting for one since 2009

[knucklehead bob]

errant post 

Edited February 12, 2014 by knucklehead bob

[bobandtorey]

Bob, there have been several at this point.

Thanks

 

Any body win ?

[bobandtorey]

50/50  thats better then it was before 2008 for sure