Victories for Medical Marijuana Doctors and Patients
In April 2001, a patient who admitted that he possessed medical marijuana after being stopped by park rangers, howed a letter from a marijuana doctor, Dr. David Bearman, attesting to his legitimate right to use the drug under Proposition 215. As recalled, Proposition 215 protects seriously and terminally ill patients from criminal prosecutions for medical marijuana use.On the other hand, an appeals court had ruled that the privacy of the patient and the marijuana doctor is indeed protected under the medical marijuana law of California.
According to Judy Appel, acting director of legal affairs for the Drug Policy Alliance (DPA), “The California Medical board’s aggressive activities to sanction doctors may well chill their feeling free to recommend medical marijuana to their patients, a right directly protected by the ruling in Conant vs. Walters. The Medical Board of California
had attempted to access the records of the patient; however, the patient and the marijuana doctor both refused to provide the medical records, citing doctor-patient confidentiality. The subpoena had alleged Dr. Bearman of ecommending medical marijuana use to the patient “indiscriminately.” In his comments to advocates and supporters, he marijuana doctor said, “This is a wonderful victory which sustains the sanctity of the doctor patient relationship, privacy of patient records and provides the court’s common sense affirmation that a letter of approval is no more an invitation to go fishing in a patient’s records than is showing a law enforcement person your
prescription.”
In another case from California courts, a Nevada County judge had recently dismissed charges against five defendants ho were arrested for maintaining a collective garden for 22 medical marijuana patients. The judge had ruled the actions of Ron Wilson and his four co-defendants to be legal under SB 420. SB 420 is a state medical marijuana law that went into effect in 2003. This law states a voluntary, confidential medical marijuana patient registry in the state, along with a set of possession guidelines and procedures for legal use of medical marijuana. This law is to protect patients and advocates including caregivers and marijuana doctors through a medical marijuana identification card program.
Another relate case on the Senate Bill 420, a San Bernardino judge had dismissed all charges against medical marijuana patient Craig Canada. Judge Bert Swift had ruled that San Bernardino County failed to meet the burden of proof that Canada had possessed more medical marijuana plants than permitted under the law.
Tags: marijuana doctors, marijuana doctors California, medical marijuana doctors
May 1st, 2009 at 5:24 pm
As much as I love marijuana, law unfortunately doesn’t. I was really suprised to find out that some alternatives are actually pretty decent. They’ll never replace my first love, but at least they can be a good hold-over.