New Unpublished Coa Ruling On Mmma From Oakland County

[GregS]

This is a good place for me to state that I think we should resist any and all attempts to treat cannabis like a prescription. There is no way to dose it other than trial and error. Then you change strains, batches, or dosage form and you have to start over.

Will you please respond whether or not a certification that indicates dosage to be determined by a patient (PRN or ad lib, or s.a.) could be considered a prescription rather than a recommendation? Why or why not? Anyone else?

Edited September 28, 2015 by GregS

[garyfisher]

Oh boy! lol

 

Good morning everyone

I remember there is a reason i seldomly visit this website.

[imiubu]

I see you gary   is why you stop by

[GregS]

I remember there is a reason i seldomly visit this website.

Good to see you Gary.

[t-pain]

Will you please respond whether or not a certification that indicates dosage to be determined by a patient (PRN or ad lib, or s.a) could be considered a prescription rather than a recommendation? Why or why not? Anyone else?

so we arent talking about the LARA physicians certification then, because that document does not have dosage information.

 

and we arent talking about the MMMA law, because the law does not mention the word "dosage", aside from the parental caregiver:

"(3) The qualifying patient's parent or legal guardian consents in writing to:

© Control the acquisition of the marihuana, the dosage, and the frequency of the medical use of marihuana by the qualifying patient."

 

to answer your question, no. a certification/reccomendation can never be considered as a prescription.

 

this was determined by the msc in tut/wick.

 

page 43:

2. SECTION 8 DEFENSE

...

Further, to the extent the Court of Appeals determined that a written certification

was comparable to a pharmaceutical prescription, this determination was erroneous. A

written certification is not similar to that of a pharmaceutical prescription. Marijuana is a

Schedule 1 controlled substance. 87 Therefore, a doctor is not legally able to prescribe

marijuana to an individual for any reason. A written certification is a statutorily

mandated document that must meet specific statutory requirements so that an individual

may successfully apply for a registry identification card. While the MMMA states that

“[m]odern medical research . . . has discovered beneficial uses for marihuana in

treating . . . debilitating medical conditions,” 88 the terminology employed in the MMMA

and the actual function of primary caregivers and patients is not comparable to how a

medical doctor’s treatment of an actual patient. Primary caregivers carry out a statutorily

created task that is completely unrelated to how a doctor would treat a patient.

 

anyone who attempts to say dosage or prescription when talking about a physicians certification will get slapped!

[trichcycler]

I remember there is a reason i seldomly visit this website.

 

[+Malamute]

I remember there is a reason i seldomly visit this website.

 

Because of the great contributions like your own post//?

 

Be the solution.

 

 

 

anyone who attempts to say dosage or prescription when talking about a physicians certification will get slapped!

 

 Dosages put Physicians at risk of licensing.

[GregS]

Be the solution.

 

 

 

 

 Dosages put Physicians at risk of licensing.

Why?

[t-pain]

heres another coa unpublished

 

http://publicdocs.courts.mi.gov:81/opinions/final/coa/20150924_c314646_70_314646.opn.pdf

 

how many mmma cases will the coa reverse this year?

[Wild Bill]

how many mmma cases will the coa reverse this year?

 

As many as come before them.

[+Malamute]

A physician is walking a very fine line when it comes to DEA licensure on this topic.

 

On one side you have like this:

 

"If, in making the recommendation, the physician

intends for the patient to use it as the means for obtaining

marijuana, as a prescription is used as a means for a patient

to obtain a controlled substance, then a physician would be

guilty of aiding and abetting the violation of federal law."

 

On another you have the issue of protected First Amendment speech.

 

 It is a razor thin issue, and by requiring more and more from a physician, as some states are doing, you are putting physicians in a very tough spot.

[t-pain]

i dont think its a fine line at all. its a very strong line in the sand.

 

on one side is a dr can talk about marijuana with his patient.

on the other, the dr cannot do anything besides talk to a patient about marijuana.

 

the dr cannot write a prescription

the dr cannot make a treatment plan for marijuana

 

this is easy to prove, just look at tashkin or other drs who want to do studies on marijuana.

the first thing they have to do to treat a person with marijuana? get permission from the DEA.

 

so if tashkin has to get permission from the dea to treat people with marijuana, what makes you think that the michigan legislature can give the drs that permission ? the legislature cannot force a dr to commit a federal crime, its imo an unconstitutional addition to the mmma.

[+Malamute]

Well, the legislature can put in any stipulations they like to,.... even unachievable ones so as to ruin the program.  This happens often.

 

 It is wrong, but they can do it.

 

 They are not forcing the physician to break federal law, they are merely making it impossible for the physician to participate in the program without breaking federal law, thus, basically nullifying the law without repealing the law.  Scummy stuff.

 

 I have fought insanely hard on this topic.  It is almost more important than patient rights.