Hartwick And Tuttle Ruling Published

[+Malamute]

The COA ruling was shiitty. The MSC opinion is crappy.

 

We are talking degrees of stinkiness here. :-)

[GregS]

The COA ruling was shiitty. The MSC opinion is crappy.

 

We are talking degrees of stinkiness here. :-)

What would you rather have seen in the opinion?

[+Malamute]

*triple blink*

 

 Read the submitted Amicus'.

[t-pain]

i dont remember seeing anything about husband and wife testimonies in the opinion, mal.

[GregS]

I've read the briefs. Many points were made. Please refresh me.

[bobandtorey]

I've read the briefs. Many points were made. Please refresh me.

 

 

They didn't like what they read and sure don't like cannabis being used as medicine

[GregS]

Now that we have seen some of the dust settle, I think it time to edit the document package to reflect the ruling. Any caregiver would benefit from it under any circumstance. It costs nothing and offers added protection if and when you need it. If a physician will not sign their proof, found in the supporting documents, the court ruled that the actual text of the physician statement submitted as part of the registration process might suffice.

 

 

Patient/Caregiver Agreement to Engage in the Medical Use of Marijuana

 

I,______________________________________, swear and affirm that I am a patient under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008.

Dr._____________________________, a physician authorized under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556, physician license I.D. number____________________ , has stated that in the physician's professional opinion, on or about (date)___________________________, and after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that I am likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition (copy attached) .

I hereby designate_______________________________ as my caregiver under that law, and agree to conform to the Act in the medical use of marijuana to treat or alleviate a debilitating medical condition or symptoms associated with the debilitating medical condition

I, ______________________________________, swear and affirm that I am at least 21 years of age and have agreed to assist with the above named patient's medical use of marijuana in accordance with that law. I have not been convicted of any felony within the past 10 years and have never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a.

Confidentiality: Each party agrees and undertakes that it shall not, without first obtaining the written consent of the other, disclose or make available to any person, reproduce or transmit in any manner or use (directly or indirectly) for its own benefit or the benefit of others, any Confidential Information, save and except that both parties may disclose any Confidential Information to their legal advisers and counselors for the specific purposes contemplated by this agreement. Presentment or disclosure of this information is not prohibited as required by law or in any prosecution pertaining to the medical use of marijuana. 


Subscribed and sworn before me this date: ____________________________

Patient sign here: _________________________________

Subscribed and sworn before me this date: ____________________________

Caregiver sign here: ________________________________

/s/_________________________________

Print Notary Name: ________________________________

Notary public, State of Michigan, County of _____________________

My commission expires ___________________ 

Acting in the County of ___________________ 

 

 

You will do well to ask an attorney re: any legal questions. DO NOT OVERLOOK the supporting documents. Use one or the other: https://sites.google...attredirects=0, and here
https://sites.google...?attredirects=0

Edited September 23, 2015 by GregS

[trichcycler]

I like it, but I don't see what extra coverage this provides to me and my patient, assuming a potential patient and caregiver are already operating with a valid state card.

will you elaborate ? 

[GregS]

I like it, but I don't see what extra coverage this provides to me and my patient, assuming a potential patient and caregiver are already operating with a valid state card.

will you elaborate ? 

Zap will tell you that things go sideways sometimes for valid registered persons and they wind up in court, something like Hartwick and Tuttle, with Kormon representing. Other attorneys have been kept busy the same way. This can help us avoid those circumstances. We have already discussed that a patient's registration can lapse without notifying their caregiver, and it is not uncommon. Sec. 4 possession limits are sometimes exceeded. Some patients need more than the sec. 4 limits. There are dumbassed law enforcement officers and judges who still don't get it. Added evidence like this is helpful in defending yourself as a caregiver if something happens in any prosecution involving marijuana. It gets doctors and your patients off the hook from testifying, which is best to avoid. See footnotes 77 and 78 in the Supreme Court ruling. If a caregiver is not connected to the patient through the registry, but has been otherwise appointed by a patient, these are what the Court ruled admissible. It is, in that case, going to ground.

 

It will be necessary to require your physician to sign his or her proof found in the supporting documents. If not, the court ruled that the actual text of the physician statement submitted as part of the registration process might suffice. It would nonetheless be better to have both.

Edited September 23, 2015 by GregS

[trichcycler]

very good explanation sir, thank you.

 

Is there an expiry on the physicians recommendation, specifically  in a case when someone legally decides to not register with the state as a patient and to have their md rec as protection in court if needed?

[GregS]

very good explanation sir, thank you.

 

Is there an expiry on the physicians recommendation, specifically  in a case when someone legally decides to not register with the state as a patient and to have their md rec as protection in court if needed?

I see nothing in the law and nothing on the state physician certification form, and certainly nothing in the suggested agreement, that would require an expiration and renewal under those circumstances. A prosecutor may well try to make the case. It would be best that a patient continue to treat for the allowed condition as at least a precaution, and at best as good faith medical practice.

 

I'm going to post this to a blog.

Edited September 23, 2015 by GregS

[t-pain]

lara does not accept drs recs after a certain time period.

 

i dont know the length of the time period, call lara and ask.