Livingston county friend of the court forcing patient to drop card and stop using medical marijuana

[Kingdiamond]

My 1st patient from 2009 is having issues with friend of the court in Livingston county  her ex is a total  jerk and is demanding that she  be forced to submit to drug testing she went in front of the friend of the court yesterday and the Judge told her that she has to stop using cannabis  and drop her card  she has serious back problems to the point where they prescribed her Fentanyl patches  but when she applies the patch it makes her nauseous sick  and cannabis  is the only thing that helps alleviate that looking for ideas  or possible legal avenues to help her out ?

[bax]

the court is a game, you need a professional game player.

regular people only lose in the game of court.

remember everyone else in the court is a professional, went to fancy professional college. knows all the tricks to the game, know how to destroy you technically, procedurally and they lie and bring lying witnesses just to stack it against you.

then they know how to limit your free speech because why should you get free speech when you are fighting for your life?

[Kingdiamond]

What are the guidelines for the program isnt there something specific saying that  a cardholder cant be refused custody of their children or visitation being a card holder?

[t-pain]

yes, give me a moment i will find that.

[t-pain]

https://dhhs.michigan.gov/OLMWEB/EX/PS/Public/PSM/716-7.pdf

When parents or caregivers report the use of medical marijuana or prescribed medications which may contain mood-altering properties (including, but not limited to anti-depressants, anti-psychotics, methadone, and pain-killers), the worker must make attempts to confirm this with the medical professional who prescribed them or who validated the medical marijuana card. This must occur when alleged substance use/abuse is part of the complaint or if it was identified by the worker during the investigation; see PSM 713-06.

 

https://dhhs.michigan.gov/OLMWeb/ex/PS/Mobile/PSM/PSM Mobile.pdf

 If an infant is born positive for marijuana and the worker has confirmed that the mother has a validated medical marijuana card, the worker must determine the parents' ability to safely care for the child, including siblings.

Note: Medical marijuana and Medical Assisted Treatment (such as methadone maintenance) are considered medical treatment. Workers must evaluate the caregiver's ability to safely care for their child while following their medical treatment.

 

 

http://courts.mi.gov/Administration/SCAO/Resources/Documents/Publications/Manuals/focb/cp_investigationmnl.pdf

In 2008, the Michigan Legislature enacted the “Michigan Medical Marijuana Act.”55 The Act states that a person shall not be denied custody or visitation of a minor if medical marijuana is used under the Act unless the person’s behavior creates an unreasonable danger to the minor that can be clearly articulated and substantiated. Past marijuana use alone with no evidence of current use should not be considered when evaluating a person’s ability to function as a parent.

 

then in the MMMA itself, section 4 d aka MCL 333.26424d

(d) 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.

 

 

i swore there was an atty general opinion too somewhere....

yes here it is

http://www.ag.state.mi.us/opinion/datafiles/2010s/op10350.htm

[Kingdiamond]

Thanks brother I will forward these links to my patient.

[t-pain]

good luck. there might be updates to any one of those child protective services manuals. i'm not sure if those are the most up to date versions.

 

if you have more questions, zap can answer them, he knows it all from the various cases... especially max's case with the marijuana oil.

 

and if you need a lawyer, call Michael Komorn, he has successfully battled child protective services, family court, private child stealing companies and everyone else to get kids back in custody.

30903 NORTHWESTERN HWY
SUITE 240
FARMINGTON HILLS, MI 48334
CALL 800-656-3557

http://www.komornlaw.com

[t-pain]

also be sure to submit the card to the court. like make sure it is introduced as evidence as soon as possible. i remember courts were nasty about cards not being introduced as evidence...

but yeah, if it gets serious get a lawyer, do not plead or accept judges practicing medicine and telling you or your family what medicines they can and cannot use.

 

i always suggest to print out the entire MMMA law and read it, memorize it, take it with you and quote from the law. the plain meanings are easy to read most of the time.

print this! 

http://legislature.mi.gov/doc.aspx?mcl-Initiated-Law-1-of-2008

[Kingdiamond]

Thanks guys I forwarded everything said here in this thread and will keep everyone updated on the progress.

[Wild Bill]

15 hours ago, t-pain said:

but yeah, if it gets serious get a lawyer, do not plead or accept judges practicing medicine and telling you or your family what medicines they can and cannot use.

Get a lawyer before it gets too serious. It may seem expensive but surely not expensive enough to risk losing your children over.

[Kingdiamond]

Good news after hearing from the pain doctor friend of the court is no longer contesting my patient's card and after a visit to her doctor on Monday she can resume her legal use of cannabis thank you to all of you for your knowledge on this case it is greatly appreciated.