cannabisnews.com: Medical Marijuana Proposals Criticized
Medical Marijuana Proposals Criticized
Posted by CN Staff on December 07, 2001 at 13:39:25 PT
By Tim Christie, The Register-Guard
Source: Register-Guard
State health authorities are overreaching their authority and creating hardships for medical marijuana patients by unfairly singling out one physician for scrutiny, patients and advocates said Thursday.More than 20 people testified at a three-hour hearing in the Atrium building in downtown Eugene. It was the third of four hearings conducted around the state on proposed changes to rules that spell out how Oregon's groundbreaking medical marijuana program is administered.
State health officials imposed the rules last summer after news reports that a single physician, Dr. Philip Leveque of Molalla, had signed applications for more than 900 medical marijuana patients. That number has since increased and represents more than 40 percent of the applications the state has received since the law took effect in 1999.Many speakers were critical - and some were downright angry - about the proposed changes, saying that state health officials were making life difficult for sick people and violating their privacy."Because my doctor is a controversial one, my due process has been usurped," said one man who identified himself only as "Joe Citizen."Because Leveque kept no medical records for the patients he signed for, state health officials said they had no way of confirming whether he was their attending physician, as the law requires.The rules clarify what an attending physician is: He or she at minimum must review the patient's medical records, conduct a physical examination, arrange for follow-up care and document care in a medical record.The rules also spell out when and how the state will investigate if officials suspect a doctor or patient of trying to defraud the program.The new rules prompted Leveque to conduct a series of clinics around the state in recent months, including in Eugene, examining and documenting care for patients whose applications he previously signed.Todd Dalotto, director of the Compassion Center, a Eugene patient advocacy group, said the problem was not that a single doctor was signing for a large number of patients, but that so few doctors were willing to sign applications for their patients."The department should be studying the problem and figuring out a way to increase physician participation," he said.Ed Glick, a registered nurse from Corvallis, said the proposed rules "have erected obstacles and barriers to patients participating in the marijuana registry program and lack compassion."By not adopting any rule to promote physician participation, while devising methods to exclude patients, the Health Division disserves those patients," he said."There are many doctors who are very afraid to sign these papers," said Sterlin Stapp of Eugene. "These doctors need some protection. They also need education."Jeffrey Sears, a Eugene medical marijuana patient, gave a long statement explaining his travails involving his doctor, the police and the medical marijuana program. He decried the $150 annual fee the state requires of patients, likening it to a bribe to keep the police off patients' backs."The Oregon Health Division runs the (medical marijuana program) like a Mafia protection racket," he said.Several people objected to a provision authorizing the department to investigate suspected fraud on the part of doctors or patients.Brian Michaels, a Eugene attorney who has helped a number of people obtain medical marijuana cards, said the rules ostensibly are meant to prevent fraud but in reality will punish patients.The Department of Human Services has no business investigating doctors and their relationships with patients, he said."You need to let the Board of Medical Examiners do their job and you do your job," he said.Instead of demanding to inspect a patient's medical records to confirm an attending physician relationship, the state need only ask the doctor to provide a sworn statement to that effect, he said.Mary Leverette, special projects manager for the medical marijuana program, said after the hearing that the rules specify that state officials will review medical records only when there's suspicion of fraud, and only when patients consent to have their medical records reviewed.Final rules are expected to be adopted by Jan. 15. WHAT'S NEXT Jill Laney, an independent hearings officer, will conduct the last of four hearings Monday in Portland on proposed changes to rules governing Oregon's medical marijuana law. Laney will write a report and make a set of non-binding recommendations to Dr. Grant Higginson, state public health officer.Higginson, after consulting with his bosses at the Department of Human Services, will adopt a revised set of rules by Jan. 15.Written comments may be submitted through Monday to the DHS Medical Marijuana Program, P.O. Box 14450, Portland, 97293-9929.A copy of the draft is on the Internet at -- http://www.ohd.hr.state.or.us/oaps/mm/oarhear.htm -- or can be obtained by calling (503) 731-4002, Ext. 233.Source: Register-Guard, The (OR)Author: Tim Christie, The Register-GuardPublished: December 7, 2001Copyright: 2001 The Register-GuardContact: rgletters guardnet.comWebsite: http://www.registerguard.com/Related Articles & Web Site:Medicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmHealth Division Begins Hearings on Marijuana Law http://cannabisnews.com/news/thread11508.shtmlMedical Marijuana Rules Get Hearingshttp://cannabisnews.com/news/thread11364.shtmlState, Doctor Clash Over Medical Marijuanahttp://cannabisnews.com/news/thread10722.shtml
Home Comment Email Register Recent Comments Help
Comment #12 posted by boppy on December 09, 2001 at 08:57:35 PT
freedom fighter....
I like your thinking as far as the States standing up to the feds. I think though that the feds would find a way to withhold every federal tax dollar from any particular state that would attempt to do that. By the way, I love that "buzz phrase", "...it sends the wrong message to our children". I joke with my 21 year old twin daughters, "No, we can't open another credit card because it sends the wrong message to our children. Can you pass that roach clip over here, please?"
[ Post Comment ]
Comment #11 posted by Rainbow on December 08, 2001 at 12:02:45 PT
Sent a message
This old fart just communicated with the senators and legislators on this DEA(th) stuff.I told them that once again the government is looking very stupid. Send a note to them and ask them what they are doing this dumb thing for. They are the owners of this stupidity and it is a direct reflection on them as congresscritters. IE They are looking like fools even more.I can see three guys in jail.One just got in the clink. The others ask why. Well I was eating this help bar and the police busted me. I am in for 30 years.The second guy says I got that beat I was caught with 2 grams of reefer and in for life.The third guy says wow I getting out tomorrow. I spent 3 years in here and I killed someone.Well time passes as the three pass a joint and sigh.Cheers
Rainbow
[ Post Comment ]
Comment #10 posted by FoM on December 08, 2001 at 11:46:08 PT
I'm Kinda Old
Who is old? Old is 20 years older then you currently are is my answer. I wish the younger generation would get involved more but I haven't seen much input but then I'm stuck in the 60s I suppose.
[ Post Comment ]
Comment #9 posted by Rainbow on December 08, 2001 at 11:34:04 PT
Troll Man
I resemble that remark. Please watch who you criticise. there are many older people who are carrying the weight of the anti-prohibition effort.I know of no young person that is spending the money that Gov Johnson, Zoros, or the Insurance guy are.Right Bill gates would be a good one from the "older" generation to be a stand bearer, but I would say that there are many many people even dying for the cause that are older. I think Tom was older. I think Todd is older, BJ Smith, Peter, harrelson, Frank, to name a few.I even think I have a convert in Dayton. So bug the people you want to change. Show them some literature, debunk their arguments and you will gradually see change.Rainbow
not so old but probably an old fart to you.
[ Post Comment ]
Comment #8 posted by troll420 on December 08, 2001 at 00:47:02 PT
A Few More...
There are plenty of famous people who use illegal drugs, especially cannabis. The problem is that most of society(ok at least the older crowd)don't look upon or think to highly of them. How many grandma's listen to Cypress Hill? or watch Robert Downey(speaking of which, is it just me or does it seem like the only one who thinks he has a problem is the law enforcement community. Calista Flockhart didn't seem to know he was using, so drugs must not interfear{sp?}with his working ability.)? My point is that most well known users are just not looked up to,liked or taken seriously by the peolpe in the right places. And until those old farts die, retire or get voted out, I don't see anything changing. We got to start electing more open minded people. The problem with the government as it stands is it's lack of willingness to change or downsize. Start doing either one of those things and this country will be a lot better off.
[ Post Comment ]
Comment #7 posted by freedom fighter on December 07, 2001 at 23:34:23 PT
Elf_Man
To name a few famousDr. Jabbar, Ex-NBA basketball player, not sure if I got his name right.. He use Cannabis to treat Migarine(sp) headaches.Billionaire owner of Progressive Insurance corp.. The biggest problem is this old ideology, "Sending wrong message to children" I learned something new today about Alcohol Prohibition, it was the State of New York that told the Federal Government that they would no longer enforce the alcohol prohibition and that the fed. would have to do it themself. The government had to give up on the idea of enforcing the law because they could not afford it. Can history repeat itself? What would happened if the state of California would to stand up and tell the federal that they will no longer enforce the cannabis law? ff
[ Post Comment ]
Comment #6 posted by goneposthole on December 07, 2001 at 17:20:50 PT
A little info on
Constantine
http://planetexplorer.online.discovery.com/ref/history/histconst.html
[ Post Comment ]
Comment #5 posted by goneposthole on December 07, 2001 at 17:18:00 PT
A little info on
Nero
http://campus.northpark.edu/history/WebChron/Mediterranean/Nero.html
[ Post Comment ]
Comment #4 posted by Elfman_420 on December 07, 2001 at 16:51:28 PT
Nolan Ryan
A poll is one thing. You ask somebody what they think, they may agree with you, or they may not. Either way, it doesn't mean they are going to be an activist, or in this case they may not even share their opinion with friends or colleagues. Illegal substances are a touchy subject in this country, mostly because of programs like D.A.R.E.Remember those ads for advil with Nolan Ryan? He took advil and all of a sudden the pain would go away enough for him to be able to still pitch.I just saw one of those advertisements and it made me think of something. All it would take is for Nolan Ryan, or somebody like him, to come out and say something like "Advil works alright, but the negative effects for long-term use are not good. I have found a safer and more effective alternative. Cannabis."Does anybody know of prominent people who use cannabis for medical use? I think it would appeal to the public much more if there was a figure out there, and it would make it a less touchy subject. Instead of talking about medicinal marijuana, people would be talking about 'Nolan Ryan'.Unfortunately we live in a very commercialized country, but couldn't we use it to our advantage?
[ Post Comment ]
Comment #3 posted by goneposthole on December 07, 2001 at 16:48:29 PT
Constantine the Great
He was born in 274 or 275 A.D. He was the Emperor of Rome who finally gave Christians full legal status He proclaimed Christians free to worship. He gave them back property that the Roman Empire had siezed from them because it was illegal to be a Christian. In A.D. 313, on April 30 Christians were finally free. In 337 A.D. he died and while on his deathbed he became a Christian. It took him a while, but in the end he figured if he couldn't beat them he would join them.I am trying to think of similar circumstances that are close to what the Christians had to endure. Something that parallels their condition. Maybe I'll come across it if I think about it long enough.
I could use a little help.I'll let George Bush fiddle while Washinton burns to ponder the idea if he is closer to being Nero or Constantine. It is his choice. I do not know if he is capable of being pensive. I'll give him the benefit of the doubt.
[ Post Comment ]
Comment #2 posted by Dark Star on December 07, 2001 at 14:44:29 PT
So?
The poll results are encouraging, but---. There is only one problem: legislators do not care what the people think, and prefer to maintain prohibition, their perks, and their ignorance. How do you change that?
[ Post Comment ]
Comment #1 posted by null on December 07, 2001 at 14:33:21 PT
great poll results
Some great results came out of a Zogby poll. (Zogby is the polling company.) You can read the blurb via NORML at the provided link.
Poll shows majority of Americans oppose US Marijuana Policies
[ Post Comment ]
Post Comment