Medical Marijuana Patients Deserve To Be Treated Like Every Other Patient

[Michael Komorn]

It Is Time To Stop Treating Medical Marijuana Patients Differently - A Bill Of Rights For Patients

 

I know it's already been posted as a blog, but wanted to see your feedback on the below topic.

 

Though Michigan’s medical marijuana law has now been on the books for a full calendar year, there is still much to be accomplished in terms of ensuring the process works more smoothly and the law does what it was intended to do: protect those using medical marijuana.

 

I continue to see patients and caregivers wrongly raided and charged with various crimes and, in turn, denied access to the medicine they are legally allowed to have. I have successfully defended many of these individuals including in Three Rivers in western Michigan and Hazel Park in metro Detroit. Charges were dismissed, begging such questions as: ‘Why were charges brought in the first place?” and “Why do we continue to put law-abiding citizens who are suffering through even more hardship?”

 

Moving forward, I see two primary areas for improvement and development: First, an expedited application and approval process. Patients and caregivers want to be in compliance with the law, but they may wait up to 3 months or more to get their registration card after receiving state approval. The law is clear that patients, 20 days after submitting their application, are well within their rights to use medical marijuana, even without the official card. The patient’s paperwork and cancelled check act as the registration card.

 

Secondly, I would like to see the creation of a patients’ Bill of Rights. It’s time to stop treating medical marijuana patients differently than other solely because of their choice of medication. Similar to the Constitutional Bill of Rights, it would outline basic fundamental rights that medical marijuana patients and caregivers deserve.

 

Among the focal points I would like to see covered in these rights include:

 

- Obtaining medication in a safe and controlled environment (Not a Burger King, McDonald’s, Subway parking lot)

- Reasonable access to medication (Patients are currently at the mercy of a caregiver’s schedule)

- Every patient should have access to the best medication that treats their medical disease or condition. No patient should be subject to arrest for procuring medicine from other registered caregivers or patients.

- Accuracy and control of medication (safe, trusted medicine)

- Respect and non-discrimination

- Confidentiality of health information, upholding HIPPA laws

 

Each right would give patients the ability to safely and reliably obtain and use a legally-approved medicine, the same rights afforded to those taking prescription medication.

 

An interesting thought along those lines. Remove the term “marijuana” and the above rights already exist for every other medication on the market today.

 

What would you include in a patients’ Bill of Rights? What’s important to you in your use of medical marijuana? Please help me in formulating a medical marijuana bill of rights for patients and caregivers in Michigan.

[greenbuddha]

Mike,

 

I would support a 'Bill of Rights as you've suggested 'ONLY' if that 'Bill of Rights' includes and 'Guarantees' that patients will retain the RIGHT to GROW their OWN medications to the limits set by the MMJ law.

 

Otherwise, I can see a situation arising wherein the 'growth and distribution' of MMJ is controlled and determined by 'big brother' in the form of regulations that limit processing and distribution of MMJ to a select few business' using the very 'same' Bill of Rights that was supposedly meant to insure equal and protected access to MMJ.

 

I certainly appreciate your efforts and look forward to hearing more thoughts on the idea.

[+Silverblue]

Hey Michael I have some questions for you, I posted some legal questions in the "coming clean" thread. Thanks for being here. What you and greenbuddha said are excellent points. One of my main concerns is the conflict between state and federal law, this affects thousands of people living in federally funded housing, who could never afford to live elsewhere.

 

Sb

[UrbanFarmer]

Who would enforce a "Bill of Rights"? Not knocking the idea, just wondering about some basics.

In addition, there's a lot to be hashed out it would seem. For instance: "Obtaining medication in a safe and controlled environment" - what would that require a caregiver to do? Open up there home? Rent an office? Or, just not meet in parking lots (not that I do this, lol)

 

Intriguing concept. Will follow thread.

 

 

PS: At this point, I'm thinking that a bill of rights for patients might need to be more focused on patients rights vis-a-vi law enforcement and government agencies than caregivers.

[welj31]

"Accuracy and control of medication (safe, trusted medicine)"

 

Please explain in more detail

[welj31]

I agree with a lot of what Mr. komorn said.

and "Confidentiality of health information, upholding HIPPA laws" needs addressed as we all know now that MDCH has been feeding ALL information to MSP and LEIN.

[+Silverblue]

The cg I talked to says he's not allowed to talk about his patients to anyone, not even his wife. I'm not surprised about the information sharing that's going on. It's true, other medical patients are assured their rights. I hope we can get this much needed protection that's being proposed. Who would enforce it is a very good question.

 

Sb

[freemannabis]

Of course, it's ALL good - in concept; And, IDEALLY, with a bit of well-tempered hammering-out and proper annealing of the many critical details [as righteously mentioned by the corresponding replies], how could a "Bill of Rights" be more harmful than good? Of course, it would be a step in a positive direction.

 

The concept sounds good to millions of "Pro-Choice-Minded", like us, to be sure.

 

However, what I would like to know is, why can't we (all - as a consortium of concerned "patient-citizen-victims" of State Oppression) file a Civil Injunction, or a "MORATORIUM" against any further municipal or police action, at least until our "Bill of Rights" is universally and properly effected and established?

 

One would think that we wouldn't be acting in any way legally contrary to the Spirit & Letter of the Law if we demanded the proper congressional support of the section of the Michigan Medical Marihana Act which - CLEARLY, UNQUESTIONABLY - STATES THE FOLLOWING:

 

*** (e) All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act. ***

 

Which is found in this section of the Act:

 

333.26427 Scope of act; limitations.

 

7. Scope of Act.

 

Sec. 7. (a) The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.

 

http://legislature.mi.gov/doc.aspx?mcl-333-26427

 

*******************

 

 

When I first read the post about a "Bill of Rights," I was reminded that I wanted to post this relevant link accounting the brutally offensive (Warring Against "WE The PEOPLE") antics of the "Anti-Freedom of Choice League" [AKA the Gate-Keepers of the Sheeple perpetually herded, corraled and trapped inside the Borders and Boundaries unwillfully imposed upon us free-thinking PEOPLE by the Ruling Elite's Army of International Bankers]:

 

http://www.cicad.oas.org/EN/basicdocuments/Strategy.asp

 

http://www.nida.nih.gov/

 

Pretty Bizarre web sites, eh?

 

Sure hope they don't have it out for MEDICINAL CANNABIS!

 

Can you shed any LIGHT on the "Severabilty" of the MMMA, Mike?

 

Sure would be helpful and appreciative.

 

FREE the TREE!

[DT61]

THE only way to overcome the entire issue is to legalize.

If those in power chose to trample the rights granted by law, then it is time to speak and stand united, and legalize.

[Oman]

Dear Michael et al,

 

In regards to your following questions:

 

1) What would you include in a patients’ Bill of Rights?

 

2) What’s important to you in your use of medical marijuana?

 

With question #1, the primary focus of any practical Bill of Rights for Cannabis Patients should first and foremost include "Patient Oversight of the Abuse of Power by LEO, the Courts, and the Criminal System"!!!... (I believe leaving Justice out of the equation is appropriate in this particular description). This is, will always be, and has been, the primary issue affecting patients and caregivers in every State, whose "people" have, through "conscious participation in the Democratic process", approved the use of Medical Marijuana.

 

The average citizen has not been forced into the not so proverbial ghetto in the same manner as MM patients. There has been a steady propaganda campaign to alienate large sections of our society without feeling the least remorse. Hmmm, I wonder where that strategy came from... We are in effect the equivalent of the Jewish blight corrupting the new National Socialist America, that has settled in, as a result of America's War on its own Citizenry. I think without this being done, there is no use looking further into verbiage that sounds like the Mission Statements of a Business, Hospital, or Health Management Organization... we already see how empty the words of the Law are being perceived, why add mere hollow echoes? There are plenty such statements around, and they make the framers of the words feel very good about themselves, whilst giving the Patients and Caregivers a false perception of Security, and Dignity. The fact is, there are plenty of Patient Rights that should apply to Patient's right now, whether a person is a MM patient, or of some other mode of treatment. However, as is typical of an Elitist regime, the basic human Rights and Dignities applicable to the Citizenry are flat out denied to MM patients. Even the affirmative defense portion is being ignored, and this should be the primary right asserted. However, without supervision by those suffering from the debilitating conditions, the Criminal System will continue to exert their often deliberately false "opinion" over the "facts" quoted by Physicians, and Patients.

 

Law Enforcement Officers (check out the California Narcotics Officers Association for starters) are able to legally perjure themselves, and spread outright false information, as long as that information was included in "their training". This allows them to falsify entire situations, and often use such falsehoods to validate illegal searches... legally and in such a manner that it is deemed acceptable by the Courts to do so. Not to mention these are the primary sources for the Criminal Systems "expert witnesses". The State has been entirely negligent,taking a full year to tie up all the supposedly loose ends, obviously and purposefully delaying the issue of a card that costs the ridiculous price of $100.00 only to use the System to investigate Patients and Caregivers, while pretending the law doesn't exist because no one can get a card until its 1/3 used up, and all of this largely to allow continued property seizures, and excessive abuse of Police Power. Hey, if we all get felonies then no one can grow, or maybe even vote. Nice strategy to harass the ill with.... Not to mention how these "employees" of the Criminal System (paid for by the citizenry) or "The State" (they definitely feel in no way beholden to non-governmental citizens); can make any attempt to morally uphold what they are doing, and how far beyond basic democratic principles this has been taken. They can only morally uphold this by maintaining a deep and irrational prejudice... this sounds familiar as well.

 

As far as #2, "What is important to me in my use of Marijuana?", maybe not having a friendly boxer dog killed, or my home demolished, or false charges brought up, or my prayer shawl stomped into the soil dumped into my carpet, or my house observed via google satellite. Maybe having a friend or relative visit without them being trailed by Police or having their license plates recorded would be a nice change of pace for a starter... basically to travel outside the not so proverbial ghetto without having to wear the armband, or having to worry about being beaten (or worse), everyone is familiar with the story, they just want to pretend it hasn't happened here yet... after all, who cares they are just potheads... they are just getting what they deserve...

 

Personally, I've never had this much trouble until the law passed. So, yes Citizen Oversight by "Patients" should be the top priority in any attempt to improve our rights.

 

Sincerely,

Oman

[+Silverblue]

As asked before, who will enforce this bill of rights? My solution to unjust raids, arrest, seizure of meds and property is this: Every police chief or whoever it is who's in charge of that precinct, dept, whatever it is, MUST make sure everyone in that dept KNOWS THE LAW. If an officer violates this, they lose their badge AND has to pay damages TO ALL VICTIMS including court fees. They must be held accountable for their actions, just as we citizens are to be responsible for ours. This should be mandatory, especially for those in public office. Too many get away with actions that would send a private citizen to jail for many years, often for life, or they get sent off to be executed.

 

Sb

[freemannabis]

Edited

[freemannabis]

As asked before, who will enforce this bill of rights? My solution to unjust raids, arrest, seizure of meds and property is this: Every police chief or whoever it is who's in charge of that precinct, dept, whatever it is, MUST make sure everyone in that dept KNOWS THE LAW. If an officer violates this, they lose their badge AND has to pay damages TO ALL VICTIMS including court fees. They must be held accountable for their actions, just as we citizens are to be responsible for ours. This should be mandatory, especially for those in public office. Too many get away with actions that would send a private citizen to jail for many years, often for life, or they get sent off to be executed.

 

Sb

 

Amen!

 

Well said; Very well said.

 

Thanks!

 

Be FREE!

[shishka]

Well I don't see the OP answering. Why not?

[Captain Obvious]

Well I don't see the OP answering. Why not?

 

He's not online at the moment. (to the left of your screen name is a little buddy, if he's off, your offline also)

 

My Question when he returns is why has a Class Action Lawsuit not been filed on behalf of Caregivers and Patients?

 

20 days means 20days, not 100++++++++ Days, a class action Lawsuit will send a Powerful Message.

 

For some reason this Line (All other acts and parts of acts inconsistent with this act do not apply to the medical use of marihuana as provided for by this act) in the Act is not being used, Why Not ?

[+Silverblue]

I saw today a post saying the card delay problem is being worked on, there will be 2 new high speed printers that can print 320 cards an hour, if I recall right, and extra staff will be added to help with the backlog. There's a question of privatizing the system, which is why they haven't added new permanent staff. If I can remember where I saw this post I will try to link it here if that's ok, if not that's ok too.

 

Just as serious, if not more so, is the need to take legal action against those who are raiding, arresting, and stealing from legal patients and cg's.

 

Sb

[FloridityNow]

THE only way to overcome the entire issue is to legalize.

 

The Emancipation Proclamation (end of slavery) was only a beginning, remember.

 

PS: and THAT required countless lives destroyed in a civil war - that many are still fighting today.

[DT61]

I can not equate the prohibition of MM to the enslaving of part of the human race, but I think I do understand your analogy regarding what the cost was to individuals in the fight. This fight should be equated more along the lines of alcohol prohibition (even then many who kept it illegal used it on a regular basis) and what it took to end that nonsense especially now that the tide is turning, the old guard and reefer madness mindset is now almost gone - thanks to natural causes (death) and not re-education unfortunately which has person(s) who have used cannabis previously even if they are not actively using it so at least they are not speaking for ignorance accompanied with arrogance.

 

Here is my take, God created 1 race and called it human, everything and everyone else is a variation there of - only 8 people survived the flood - we are in reality all related - ultimately - that is my view.

[greenbuddha]

DT61... I believe you got it, my man.

 

'Legalize' it and the 'problems' GONE!!!

 

And this 'Bill of Rights' thing... who's going to enforce 'the standards'... a private organization that says you do it our way or it's the 'highway'?

 

If there is no way for 'The Bill of Rights' to have a 'legal' impact upon how LEOs and other gov agencies (MDCH) are acting I wonder where the benefit lies with it?

 

Or would it be a 'UNION thing' where you either 'pays us' to play.. or you don't get OUR stamp of approval.

 

IMHO these kinds of issue have to have an EYE kept on them... they can have "ulterior' motives behind them sometimes.

 

It's NOT just the government that sometimes seeks to have control on us.

 

Just my little nickles worth.

 

 

 

THE only way to overcome the entire issue is to legalize.

If those in power chose to trample the rights granted by law, then it is time to speak and stand united, and legalize.

[bobandtorey]

I can not equate the prohibition of MM to the enslaving of part of the human race, but I think I do understand your analogy regarding what the cost was to individuals in the fight. This fight should be equated more along the lines of alcohol prohibition (even then many who kept it illegal used it on a regular basis) and what it took to end that nonsense especially now that the tide is turning, the old guard and reefer madness mindset is now almost gone - thanks to natural causes (death) and not re-education unfortunately which has person(s) who have used cannabis previously even if they are not actively using it so at least they are not speaking for ignorance accompanied with arrogance.

 

Here is my take, God created 1 race and called it human, everything and everyone else is a variation there of - only 8 people survived the flood - we are in reality all related - ultimately - that is my view.

http://www.christiananswers.net/q-eden/ednks003.html

[+Silverblue]

I agree with a lot of what Mr. komorn said.

and "Confidentiality of health information, upholding HIPPA laws" needs addressed as we all know now that MDCH has been feeding ALL information to MSP and LEIN.

I meant to ask about this, if LEO has a file with patients' names, and they come to someone's door, can't the patient (or cg) say without letting them in, "Look in your records, my name is there, as a registered patient,(and/or cg)," if anything must be said, but I was just wondering. I hope I never have to face them, this is why I'm learning all I can about various aspects of getting involved with MM before I get into it. I know how intimidating they can be when I've dealt with them on other matters.

 

Sb

[wjhjr420]

It Is Time To Stop Treating Medical Marijuana Patients Differently - A Bill Of Rights For Patients

 

I know it's already been posted as a blog, but wanted to see your feedback on the below topic.

 

Though Michigan’s medical marijuana law has now been on the books for a full calendar year, there is still much to be accomplished in terms of ensuring the process works more smoothly and the law does what it was intended to do: protect those using medical marijuana.

 

I continue to see patients and caregivers wrongly raided and charged with various crimes and, in turn, denied access to the medicine they are legally allowed to have. I have successfully defended many of these individuals including in Three Rivers in western Michigan and Hazel Park in metro Detroit. Charges were dismissed, begging such questions as: ‘Why were charges brought in the first place?” and “Why do we continue to put law-abiding citizens who are suffering through even more hardship?”

 

Moving forward, I see two primary areas for improvement and development: First, an expedited application and approval process. Patients and caregivers want to be in compliance with the law, but they may wait up to 3 months or more to get their registration card after receiving state approval. The law is clear that patients, 20 days after submitting their application, are well within their rights to use medical marijuana, even without the official card. The patient’s paperwork and cancelled check act as the registration card.

 

Secondly, I would like to see the creation of a patients’ Bill of Rights. It’s time to stop treating medical marijuana patients differently than other solely because of their choice of medication. Similar to the Constitutional Bill of Rights, it would outline basic fundamental rights that medical marijuana patients and caregivers deserve.

 

Among the focal points I would like to see covered in these rights include:

 

- Obtaining medication in a safe and controlled environment (Not a Burger King, McDonald’s, Subway parking lot)

- Reasonable access to medication (Patients are currently at the mercy of a caregiver’s schedule)

- Every patient should have access to the best medication that treats their medical disease or condition. No patient should be subject to arrest for procuring medicine from other registered caregivers or patients.

- Accuracy and control of medication (safe, trusted medicine)

- Respect and non-discrimination

- Confidentiality of health information, upholding HIPPA laws

 

Each right would give patients the ability to safely and reliably obtain and use a legally-approved medicine, the same rights afforded to those taking prescription medication.

 

An interesting thought along those lines. Remove the term “marijuana” and the above rights already exist for every other medication on the market today.

 

What would you include in a patients’ Bill of Rights? What’s important to you in your use of medical marijuana? Please help me in formulating a medical marijuana bill of rights for patients and caregivers in Michigan.

 

 

 

I AGREE MIKE < WHY SHOULD I HAVE TO EDUCATE THE LAW ENFORCERS ABOUT THE LAW?????????????>

 

Hi I am a Medical Marijuana patient residing in Bay City Michigan, But I am also on probation and attending drug rehab services at Bay Area Consultants on Erie St. in Bay City. I was found guilty by a jury of my peers , and charged with drive under the influence of liqueur. The incident happened in September of 2008, I was not sentenced until January of 2010, Yes that is right well over a year had gone by, in that time frame I had become a caregiver and a patient before i was sentenced, But this was not brought up at the time of sentencing due to the Judge being prejudice of the medication. I spent a 30 days in jail (witch caused my condition to worsen) and in jail you are not allowed any type of prescription pain killer) when I got out I told My Probation Officer I was A caregiver and was soon to be a patient, she told me "Thats what everyone says." And gave me my appointment card to come back in a month, not tell me I am not allowed to be a medical Marijuana patient!!!! Appox. 2 weeks after this conversation we had I was legal Have my dr referral singed sent in check cashed made copys gave them to her.Apparently this is not good enough... She claims she attempted to call and verify my documents in Lansing at th MMMRegistry but was unable to contact anyone there due to so much activity there. Now she has violated me for having medical marijuana in my system, But not having vicoden which I am also prescribed as well as muscle relaxers, Last time I checked having the referral letter and a copy of the cashed check was good enough for law enforcement just cause i dont have a plastic card I am not legal. I am not looking for legal advice I just would like help from my fellow patients and caregivers to help me educate Bay County's Judicial system. I have a great lawyer to represent me who is well known in the community and is also a Medical Marijuana Patient. So let our voices be heard we follow the laws they should too........

 

EDUCATE BAY COUNTY this is a link to e-mail my probation officer you do not have to leave your name just a nice E-mail Saying that you are a patient and how MM helps you out and how your life was without it. Oh and tell her that a referral letter and a cashed check is good enough proof of prescription until my actual card arrives. If link dont work copy and paste

 

gagnonm@baycounty.net

 

 

Please do not cuss or be rude she is doing her best to accommodate me they are just a little behind out here must be something in the air , She just needs proof it works and my documentation is good till my card arrives....

 

 

Thank You Everyone who helps me educate BAY COUNTY!!!!!!!!!!

[DT61]

wjhjr420.......(LOL) excellent idea - maybe we as a group can help you and ourselves in the process.

 

Can we all who, have opportunity and wisdom drop this person's PO a line?

Almost as fun as jamming phone lines.

 

 

EDUCATE BAY COUNTY this is a link to e-mail my probation officer you do not have to leave your name just a nice E-mail Saying that you are a patient and how MM helps you out and how your life was without it. Oh and tell her that a referral letter and a cashed check is good enough proof of prescription until my actual card arrives. If link dont work copy and paste

 

gagnonm@baycounty.net

 

[+Silverblue]

oh well, more questions unanswered.

 

sb