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  Oregon Stiffens Medical-Marijuana Rules
Posted by FoM on August 11, 2001 at 06:54:41 PT
By Jason George, The Associated Press 
Source: Seattle Times 

medical Oregon officials yesterday tightened rules doctors must follow under the state's medical-marijuana law, responding to discovery that a single doctor has signed 40 percent of the state's marijuana applications.

The founder of a group that pushed for Oregon's medical-marijuana law welcomed the new rules, saying they will help prevent misuse of the program. "It's something that needs to happen," said Stormy Ray, founder of the Stormy Ray Foundation.

But the doctor who is apparently the target of the new rules — 77-year-old Phillip Leveque — said he thinks they will make it harder for patients to qualify for medical marijuana.

"If they want to close down the medical-marijuana program this is the way to do it," Leveque said.

Under the new rules, a physician who signs a written statement on behalf of an applicant must maintain an up-to-date medical file for the patient, perform a physical and create a treatment plan. Those who monitor the marijuana program would be allowed to examine a patient's original file or require a copy of the file from the physician.

If a doctor does not perform all those tasks, a patient's application will be denied, said Mac Prichard, spokesman for the Oregon Department of Human Services.

The stricter regulations will apply only to pending and future applications, he said.

The new rules are meant to ensure that doctors and patients are complying with Oregon's Medical Marijuana Law, approved by voters in 1998, said Grant Higginson, state health officer with the Human Services Department.

The new rules are in effect for up to 180 days. A public hearing to establish permanent rules will be held this fall.

Oregon is among nine states with medical-marijuana laws. Its law requires patients to submit a statement from an attending physician confirming that the patient has a debilitating condition such as cancer, glaucoma, AIDS or seizures that would be eased through use of marijuana.

Once a doctor signs the statement, the patient can legally grow marijuana at home for medical use or can designate a caregiver to grow the plants.

Leveque has signed 935 of the state's 2,351 approved applications for medical marijuana. The doctor who comes in second has filed 71, Leveque said.

Higginson, who cannot confirm that Leveque is the doctor in question because of confidentiality laws, said the large number of cases "makes us question whether this person could truly qualify as the attending physician for all of these patients."

Leveque said patients sometimes send him their medical files, but he does not require them.

The patients often contact him by telephone, describe their ailments and send him their application, which he then gives to the state for approval, he said.

Leveque says he fills a need for desperate patients, almost all of whom come to him after seeking help in vain from other doctors.

Program officials recently discovered seven cases in which patients apparently forged the signature of Leveque, an osteopath.

Leveque is under investigation by the Oregon Board of Medical Examiners for alleged inattention to at least one patient, a teenager from Brookings. The board notified Leveque by letter last month that it was investigating allegations that "you authorized this patient to receive a medical-marijuana card without first examining her, diagnosing her condition, charting your care or conferring with any of her other providers."

Leveque says the patient told him she suffered from a painful "severe sinus dysfunction" that was unrelieved by surgery or medication. Only marijuana provided help, the patient told him.

Ray, of the Stormy Ray Foundation, said Leveque might have kept less than exact records but is a fine doctor. "Dr. Leveque fills a very needed service. I don't want people to think of him as a big bad doctor," she said.

Under current state law, approved users or the designated caregiver may grow three mature plants, four immature plants and possess 3 ounces of dried plant and flowers at one time. A doctor cannot prescribe marijuana but can suggest it to patients who might benefit.

Alaska, Hawaii, Washington, Oregon, California, Arizona, Nevada, Colorado and Maine have medical-marijuana laws.

Source: Seattle Times (WA)
Author: Jason George, The Associated Press
Published: Saturday, August 11, 2001
Copyright: 2001 The Seattle Times Company
Contact: opinion@seatimes.com
Website: http://www.seattletimes.com/

Related Articles & Web Site:

Stormy Ray Foundation
http://www.stormyray.org/

Oregon Toughens Rules for Approving Marijuana
http://cannabisnews.com/news/thread10584.shtml

Doctor Defends His Use of Medical Marijuana Law
http://cannabisnews.com/news/thread10292.shtml

Doctor OKs Almost 900 Medical Marijuana Cards
http://cannabisnews.com/news/thread10232.shtml


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Comment #6 posted by FoM on July 20, 2002 at 10:35:45 PT
Teresa
I don't know but I always wondered about people who live near schools. Maybe someone can give you advice or maybe where to find out what you really do need to know.

Good Luck to you!

[ Post Comment ]

 
Comment #5 posted by Teresa Ford on July 20, 2002 at 10:28:36 PT:

need info.
a middle school is going up behind our house. we are well within the 1000 school zone. is this going to be a problem with the law? being 1000 feet with in a school zone? my wife has a card and i'm the caregiver.

[ Post Comment ]
 
Comment #4 posted by michael on August 11, 2001 at 12:19:41 PT:

BILL!!!!!!!!!!!!
I WANT to grow my own, not be provided shwag by the gubberment.

[ Post Comment ]
 
Comment #3 posted by bill langford on August 11, 2001 at 08:49:51 PT
re/ Just leave me Alone.......
I have grown up my whole life with a "War" on Drugs. Yet, many americans, statistically, are bigger users now then back in the early 1980's when the war began. And how do we erradicate a drug addiction by taking away the drug?? Doesn't that just make the addict want more?? Interestingly enough, Amsterdam, which has very liberal drug laws, has the same percentage per poplutation of drug abusers as the United States?? 60% of all prisoners in prison are drug offenders. We are a society very quick to blame everybody else for our own issues. I don't see Panama invading Miami because of the amount of money smuggled in / out of the city. Our Judicial system reflects this injustice. We have become a drug culture. When you were a kid and everytime you went to the Doctor, what did the give you - drugs. So at which point can the government say that this drug is bad, but this one is ok, like nicotine or alcohol. I thought this country was a Democracy, not a Republic. Let's tell the government to Stop! governing my behavior!! Interestingly enough, why is it that top officials can admit to using and not go to jail (like other users,) eventhough they pass the laws...........

[ Post Comment ]
 
Comment #2 posted by Bill Langford on August 11, 2001 at 08:39:51 PT
Where is my info??
I support medicinal use of marijuana. However, I have a problem with Doctors sharing patient information with the State. What is done with the information after the file leaves the state? Is the info kept on file? Is the patient then under the supervision of the state, or the Doctor?? And frankly, if the state is so concerned about Prescription drug abuse and the doctors that write invalid prescriptions, why are they only focusing on Marijuana? Instead of the 78 million Americans who are considered, at some level, prescription drug abusers. And why hasn't there been any commercial attempt to grow marijuana for patients, instead of a card that allows people to "grow" their own medecine. Oregon needs to place marijuana in the same class as other prescription drugs and make it available from a commercial outfit, thus offering more control over the regulation issue.

[ Post Comment ]
 
Comment #1 posted by lookinside on August 11, 2001 at 08:11:35 PT:

every effort should be made...
to keep the med pot movement legitimate...doctors who
recommend marijuana without seeing a patient's medical
records are not helping the cause...those MD's who help when
patients' own doctors cannot or will not help, out of fear
or lack of knowledge, deserve our support and heartfelt
thanks...


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