Trouble Is Brewing For Me...

[stlhdr]

My story starts in 2007. I had been suffering for a number of years from chronic urticaria, which is a 20 dollar way of saying non-specific hives. I kept logs, consulted with my family physician, and did everything I could to minimize the horrendous effects of this affliction, to no avail. We never discovered any discreet substance that seemed to bring the hives on. I had resigned myself to living on huge doses of benedryl and xanax to try and control them.

 

I suffered like that for a couple of years, when a buddy offered me some pot to see if it helped. I had smoked pot before that, but hadn’t used any in years. It worked, and it was such a relief to find something that could actually make the attack go away instead of merely attenuating the symptoms. My wife couldn’t stand the fact that I was smoking pot, and issued an ultimatum; either quit smoking pot and suffer the symptoms in order to keep her, or keep using and get a divorce. Now, I didn’t really want a divorce, but when I’m in the midst of a full-blown attack I look like the alligator man, and the discomfort and pain are quite intense. I decided that for her to even issue such an ultimatum showed the extent that she cared for me (not much), and that I’d be better off without her.

 

She knew that I’ve been using pot, and this past spring she started court proceedings to try and strip me of my visitation rights to my children. I wasn’t licensed to use at the time of the first hearing, and Judge Gorcyca (oh man, why her?) ordered me to JAMS for testing. I reported to JAMS, but wasn’t allowed to test because the ex’s attorney tried to slip language into the agreement that the judge didn’t order, and had to obtain a transcript before he was convinced of his error. It took from May until the end of August before he came up with a document we could sign. In the interim, I obtained my ID, and started using again to control my hives.

 

Now her attorney (David Sucker) is faxing studies to the court that suggest MJ can cause hives, what a moron! Even though I know he isn’t the sharpest knife in the drawer I’m surprised that he doesn’t understand the legal issues and is now trying to act like some kind of doctor instead of an attorney. He thinks he’s a doc now, and is trying to influence the judge’s decision based on anti-marijuana literature. I was also forced by the judge to make my application a matter of court record, I thought HIPPA protected me from this, but was advised by my attorney that since I want to use that as part of my defense it had to become public. Is that right?

 

I’d appreciate any thoughts/insights into what I might expect going forward, and if the decision goes against me, who might be interested in helping me with my case in the unfortunate event that the case needs to be escalated…

[Marijuana Ranch]

420Peace stlhdr,

 

For another legal opinion contact,

Michael A. KomornAttorney and CounselorLaw Office of Michael A. Komorn3000 Town Center, Suite, 1800Southfield, MI 48075800-656-3557 (Toll Free)248-351-2200 (Office)248-357-2550 (Phone)248-351-2211 (Fax)Email: michael@komornlaw.com Website: www.komornlaw.comCheck out our Radio show:http://www.blogtalkr...lanetgreentreesNEW CALL IN NUMBER: (347) 326-9626Live Every Wednesday 8-9:30 p.m.PLANET GREENTREES

[drtarzanmd]

Thanks " stlhdr " for sharing your Story w/ Us....

 

Im sorry to hear about your condition , But GLAD to

hear that POT ( Medical Marijuaa ) helps make you feel better ...

 

I would suggest two things, get a Good Relationship w/ your

Medical Marijuana Doctor , So that their is record of your condition

and how it is helping you ....

 

And if you need a Good Attorney contact Matt Abel office at :

2930 E. Jefferson Ave.

Detroit , Michigan 48207

 

313-446-ABEL

 

I went and seen him at the Greenbush Township Hall

last night and he seems to be a attorney that cares ...

i was kinda impressed w/ his personality ...

 

Good Luck to You " stlhdr " , Hope everything works out for You

[+Annnie]

© A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

[thanks2]

File it under seal then file for a protection order to keep it under seal. The public record will still say you have a card, but the application can be hidden. Not sure what that will get you though, because anyone reading the case will know that you are using marijuana. So, you probably want them to know you are legal.

[stlhdr]

I'm not concerned with the public record so much as I am that the ex's attorney has my medical info now, and we have a history, he's using his position to bully me...

[lawyercaregiver]

That's what the Attorney Grievance Commission if for. They LOVE that sort of thing.

 

I am not aware of any physiological mechanism whereby marijuana would reduce hives other than the clue you provided vis-a-vis the Xanax you were taking (i.e. calms stress etc). I am aware of several reports of marijuana causing hives so I wouldn't hold it against the other attorney so much- he is merely doing the bidding of your wife after all.

[northerngal]

Why is it so hard for people to think that mmj MIGHT help with certain skin conditions/possibly hives. Many use it for inflamation internally.....Just a possibility, as I personally have never used it to calm a skin condition. The only thing I wonder is where someone found a "legit doctor" to reccommend mmj for hives and whether that part will "hold up".

[lawyercaregiver]

That's right it is also an anti-inflammatory. Strike what I said before.

 

Thanks!

[peanutbutter]

I'm not concerned with the public record so much as I am that the ex's attorney has my medical info now, and we have a history, he's using his position to bully me...

 

You don't want to have your doctor called in to argue for you.

 

You can avoid that by asking for the records to be sealed. Better yet only present your ID card. But still ask for the information to be sealed.

 

If you place your doctors information on public record, they can have a very long fight with you.

[northerngal]

Lawyercaregiver - I have no knowledge personally of mmj relieving hives. I suppose the cause of the hives would be something that may factor into whether mmj would help or not also. But all in all, hives are a swelling/inflammation of the skin, it makes sense that it might work! I am just making a reasonable assumption though?? I have psoriasis (along with other auto-immune/inflammatory diseases) and I can honestly say since using mmj, flare ups with the psoriasis have decreased, but whether that is related or not...I can't say factually! So please only take my words as a logical assumption and nothing more

[stlhdr]

You don't want to have your doctor called in to argue for you.

 

You can avoid that by asking for the records to be sealed. Better yet only present your ID card. But still ask for the information to be sealed.

 

If you place your doctors information on public record, they can have a very long fight with you.

 

To me this seems to be the crux of the matter. Her atty wants to argue about whether my particular condition can be helped, but isn't it my right, under consultation with my doctor to decide the course of medical treatment that is appropriate for me? The court doesn't have any authority in this area, does it?

[peanutbutter]

To me this seems to be the crux of the matter. Her atty wants to argue about whether my particular condition can be helped, but isn't it my right, under consultation with my doctor to decide the course of medical treatment that is appropriate for me? The court doesn't have any authority in this area, does it?

 

Let's see .. the PA would like to argue that your use wasn't for medical purposes.

 

To do that they have to know what your medical conditions is. They find that out by YOU telling them.

 

The PA wants to question the relationship between your doctor and yourself. They can only do that if you tell them who the doctor is.

 

The PA wants to question the amounts you are using. They can only do that if you provide then the doctor to ask.

 

Bottom line .. these issues can only be in court if you are tricked into letting the issues be there.

 

If you name the doctor, you help make the case against you.

[stlhdr]

Let's see .. the PA would like to argue that your use wasn't for medical purposes.

 

To do that they have to know what your medical conditions is. They find that out by YOU telling them.

 

The PA wants to question the relationship between your doctor and yourself. They can only do that if you tell them who the doctor is.

 

The PA wants to question the amounts you are using. They can only do that if you provide then the doctor to ask.

 

Bottom line .. these issues can only be in court if you are tricked into letting the issues be there.

 

If you name the doctor, you help make the case against you.

 

Was I misadvised by my attorney? I was told that if I wanted to use the MMMA act as my defense my application (because I haven't recieved my card yet) had to be submitted to the court...

[peanutbutter]

Was I misadvised by my attorney? I was told that if I wanted to use the MMMA act as my defense my application (because I haven't recieved my card yet) had to be submitted to the court...

 

There is a basic principal that if you make a claim to something in court then the area is open for exploration.

 

That is complicated, in this situation, by the confidentiality section of our law.

 

It is possible that the PA or the judge could be guilty of a crime by allowing your records to be in court.

 

Section 6 (h) (4) A person, including an employee or official of the department or another state agency or local unit of government, who discloses confidential information in violation of this act is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both.

 

A judge or PA are officials or employees of a local unit of government. That makes them eligible to be criminals.

[phaquetoo]

Lawyercaregiver - I have no knowledge personally of mmj relieving hives. I suppose the cause of the hives would be something that may factor into whether mmj would help or not also. But all in all, hives are a swelling/inflammation of the skin, it makes sense that it might work! I am just making a reasonable assumption though?? I have psoriasis (along with other auto-immune/inflammatory diseases) and I can honestly say since using mmj, flare ups with the psoriasis have decreased, but whether that is related or not...I can't say factually! So please only take my words as a logical assumption and nothing more

 

 

Northern gal! 1st off all Hello!

 

I had psoriasis when i was in 3rd and 4th grade, I had the type that was only on the bottom of my feet and the palms of my hands, a lil on my scalp! I have a friend that has it all over his body, It is horrible to think about it, Mine went away in a few yrs, he has had his for yrs, some lotions work well for it, but his ins wont pay for it so he cant realy use it to often. we talk about it, and he says he would rather have it in the areas he has it than on the feet and hands, there were many days I could not walk, I did these ultra violate lite treatments you name it, my mom took me there and got it done, nothing helped me, than as quick as i got it, it went away!

 

I truly believe in my case it was nerves! yep 3rd grader with a realy bad nerve problem, I hated, I mean hated my teacher! I have a lil dry skin prob like most my age who get alot of sun!, but mine is gone, and im pretty sure what caused it. and it was diagnosed by many dr's. I think anxiety should be one of the conditions to use mm, I know it helps mine most of the time,,coincidence or not I started smoking weed when i was in the 4th grade! Honestly!

 

Peace

FTW

Jim

 

weed should be legal to all of legal age!

[stlhdr]

Northern Gal, I used the approach that my chronic hives cause severe and chronic pain, which is certainly true, so I believe I'm covered by the language contained in the law. I hope.

[phaquetoo]

Northern Gal, I used the approach that my chronic hives cause severe and chronic pain, which is certainly true, so I believe I'm covered by the language contained in the law. I hope.

 

 

If your dr. is putting that in your records you will not have any problem, go to a traveling clinic if you are worried about your dr., you got 200 bucks and a dr. record, your good to go there! Id bet the farm you wont come out of there with out all your papers filled out!

 

Peace

FTW

Jim

[stlhdr]

I submitted my app in late July, no rejection letter, so I'm just waiting for the official card that will make all my troubles go away, lol.

[lawyercaregiver]

Was I misadvised by my attorney? I was told that if I wanted to use the MMMA act as my defense my application (because I haven't recieved my card yet) had to be submitted to the court...

 

Not necessarily. PB is chewing on a bugaboo of his about the end-run the system does around the confidentiality provision of the MMMA.

 

If you want to use the MMMA defense some courts are going to demand you prove the defense because when asserting an affirmative defense the burden is on the proponent (that's you).

 

The 20 day rule for submitted applications to the MDCH should be just like actually having your card.

 

I would argue that only the card is necessary for the affirmative defense but a lot of courts disagree.

[peanutbutter]

Not necessarily. PB is chewing on a bugaboo of his about the end-run the system does around the confidentiality provision of the MMMA.

 

If you want to use the MMMA defense some courts are going to demand you prove the defense because when asserting an affirmative defense the burden is on the proponent (that's you).

 

The 20 day rule for submitted applications to the MDCH should be just like actually having your card.

 

I would argue that only the card is necessary for the affirmative defense but a lot of courts disagree.

 

I would argue that the ID card prevents the court case from turning into a zoo. Costing the defendant huge amounts of money, if they have the money to spend.

 

It is a temptation to head for the complete section 8 kind of case.

 

The law says that the defendant is not subject to prosecution if ..

 

In the event that the ID card by itself would trigger the cancellation of of the case, then the whole thing is short circuited.

 

In many cases the court might be interested in lowering caseload.

[stlhdr]

I thought I'd give all a quick update. I just received a copy of the judge's opinion and order (she quoted the section about parental rights not being terminated), and it's good news as far as MMJ goes. The judge found the ex-wife's attorney's actions to be ridiculous, and said so, is affirming my right to my mmj claim, but is still ordering JAMS testing. That's fine, I got it covered now. The law is working some of the time...

[boroboro]

Thanks for the update stlhdr. Sounds like it could have been better, but hopefully a little good news and a little bad news is better than all bad news. Keep on truckin, and good luck.

[pic book]

© A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person's behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

 

 

Amen! Show you're registered have your attorney claim this Bible on your behalf.

[lawyercaregiver]

I thought I'd give all a quick update. I just received a copy of the judge's opinion and order (she quoted the section about parental rights not being terminated), and it's good news as far as MMJ goes. The judge found the ex-wife's attorney's actions to be ridiculous, and said so, is affirming my right to my mmj claim, but is still ordering JAMS testing. That's fine, I got it covered now. The law is working some of the time...

 

:goodjob: :goodjob: :goodjob: