Some Guidance Navigating Michigan

[trichcycler]

I know bro, was just jabbin ya.  glad you caught it.....

 

I couldn't live without the services of an attorney occasionally, and gladly pay for it too.

[Natesilver]

IMO, as a sec 8 advocate, transferring to a visiting patient is as risky as transferring to a noncarded individual, and just as legal.

Edited January 9, 2015 by Natesilver

[bobandtorey]

Have there been many successful Sec. 8 defenses?

Yes we where the first to be dismissed but does that count any more ?

[iwombat]

Sorry to weigh-in late, but I have a little experience to share.

 

I am also a CA transplant, relocating here roughly 2 years ago.   In CA, you simply get your Doctor recommendation

and take it to your provider.  The recommendation has the Doctor phone number on it, and anyone wanting to validate

that the Doctor is real and the recommendation is real just calls.  Sometimes they need a little time to return the call,

but otherwise, this is all the processing involved.

 

Under the "Visiting Qualified Patient" provisions I was able to use my CA Doctor Recommendation at several Ann Arbor

dispensaries and I found several Caregivers willing to provide to me.

 

Six months ago, my CA Recommendation was expiring and I was considering obtaining a Michigan doctor recommendation

and going through the Michigan process.  Then I discovered that my CA MMJ Doctor, with whom I have a 10 year relationship,

was now providing patient renewal appointments via Skype.

 

Faced with going thought the entire Michigan process or paying a modest renewal fee and undergoing a Skype interview,

I returned to my CA MMJ Doctor and had them mail a new CA Certification to Michigan.  They thought this was a little strange,

but I told them I was consulting here.

 

My renewal documentation was accepted by my local dispensary and caregivers and I have been proceeding as before,

a CA Visiting Qualified Patient here in the great state of Michigan.

 

Caveat: one dispensary did change their mind and decide not to accept out of state documents out of paranoia after some

LEA activity last year and the possibility of forged documents.  But other dispensaries simply called the doctor in CA for

verification (yes you can reach California by phone too dispensary dude :-), and once they were convinced I was a 

Qualified Visiting Patient, everything was fine.

 

In my non-expert legal opinion, given that the definition of "qualification" is different from state to state, the directive to

accept a Visiting Qualified Patient's doctor recommendation implies you are accepting this doctors definition of whether the

patient is qualified.  In most MMJ states, they do not actually spell out a specific list of qualifying conditions.  In practice, this

list would be changing from moment to moment as medical research continues so it does not make sense hard-code

this moments medical opinion into law.  Of course, some states do this anyway...

 

But so far, based on my experience, you should be able to deal with being a Visiting Qualified Patient here.

 

Note: one area of much greater paranoia here is possession in a car.  MI law says you have to transport

it in the trunk or other locked place inaccessible to the driver (not including the glove box).  Many reports

of active prosecution for this.

[t-pain]

In most MMJ states, they do not actually spell out a specific list of qualifying conditions.  In practice, this

list would be changing from moment to moment as medical research continues so it does not make sense hard-code

this moments medical opinion into law.  Of course, some states do this anyway...

i think you are wrong on this. i think there is only one medical state (california) that allowed any condition. the rest use lists.

 

here is a table that evidences this:

http://www.ncsl.org/research/health/state-medical-marijuana-laws.aspx#3

 

 

thanks for sharing your experiences with our program. glad you could find some dispensaries and caregivers that take care of visiting patients

Edited February 15, 2015 by t-pain

[iwombat]

You are correct.  But remember that includes states where the definition of "list" is quite flexible:

 

Florida:

 

"Cancer, medical condition or seizure disorders that chronically produces symptoms that can be alleviated by low-THC products"

 

Massachusetts:

 

"Cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, Crohn’s disease, Parkinson’s, multiple sclerosis, or another debilitating condition approved of by a patient’s physician. Debilitating is defined as causing symptoms such as weakness or intractable pain and substantially limiting life activities."

 

Maryland:

 

"Any medical condition or treatment that causes cachexia, anorexia, wasting, severe or chronic pain, severe nausea, seizures, or severe or persistent muscle spasms. Also, other severe conditions “for which other medical treatments have been ineffective if the symptoms reasonably can be expected to be relieved by the medical use of marijuana.” 

 

New Hampshire:

 

"The patient must have a qualifying symptom and: cancer, glaucoma, HIV/AIDS, Hepatitis C, ALS, muscular dystrophy, Crohn’s, Alzheimer’s, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, or injuries that significantly interfere with daily activities. The department may grant waivers for patients with other conditions."

 

http://www.mpp.org/assets/pdfs/library/Medical-Marijuana-Grid.pdf

 

I don't have any direct experience outside of CA, so I cannot say how it is in practice.

 

In any case, I don't think it makes sense to try to over 'legislate' a medicine.  It should be left

to the doctors.  There are current systems in place to catch illicit prescriptions and

their prescribers.  We don't need to try to tell them which patients we think are appropriate.

[trichcycler]

Yes we where the first to be dismissed but does that count any more ?

I thought you told me you took a plea bargain, rather than a successful section 8 defense? what gives?

[trichcycler]

aha, got it. thanks.

what a mess the courts are.

[t-pain]

In any case, I don't think it makes sense to try to over 'legislate' a medicine.  It should be left

to the doctors.  There are current systems in place to catch illicit prescriptions and

their prescribers.  We don't need to try to tell them which patients we think are appropriate.

i agree, but if you treat it like other medicines, then you must buy it from pfizer in a bottle at the pharmacy....

 

this is why the war on medical marijuana will never end.

 

cannabis is either legal or its illegal.

if its illegal in any way, the war continues.

if its legal, the war on patients is over.

[trichcycler]

i agree, but if you treat it like other medicines, then you must buy it from pfizer in a bottle at the pharmacy....

 

this is why the war on medical marijuana will never end.

 

cannabis is either legal or its illegal.

if its illegal in any way, the war continues.

if its legal, the war on patients is over.

ah, refreshing,.... you get it!

[t-pain]

an ad i saw in 'the burn mag':

 

metro detroit compassion club

"we accept valid out-of-state medical cards"

248 618 7302

5489 perry dr, ste d

waterford, mi 48329

closed sundays

[GregS]

My understanding is that Bob's case was further appealed to the COA, which upheld the wrong headed Circuit Court opinion, and that the Case had been accepted for review by the Supreme Court. Please correct me if any of this is mistaken. The case was resolved, however, when Bob took the misdemeanor plea offered by the District Court, and before it was heard in the SC. The guy went through the grinder.