Medical Marijuana groups are demanding more clarity to protect patient rights.
Advocacy groups have testified that the proposed tweaks to Michigan’s medical marijuana law would infringe on patient rights. Various parts of the law have been tested in a number of court cases since the act was approved more by an overwhelming 63% of voters in 2008. Some of these cases have made their way up to the Michigan Supreme Court.
A cry for clarity from both sides has lawmakers considering a package of bills to clear up some of the issues and expedite the medical marijuana patient registration process. Attorney Michael Komorn argued patients’ rights have been eradicated through court cases.
(Related: Jury Selection In Marihuana Cases)
“The legislature needs to act and act powerfully to make certain that these rights are not political ping pong in the courts,” said Komorn, president of the Michigan Medical Marijuana Association.
The organization was one of the handful of groups that spoke before the House judiciary committee.
The groups that testified were concerned with two focal points: the ability of law enforcement officers to obtain information on medical marijuana patients, and the proposed clarification of a “bona fide physician-patient relationship.” HB 4851 seeks to establish the definition of “bona fide physician-patient relationship,” an issue that arises from the belief of some authorities that it’s too easy for non-qualified patients to obtain medical marijuana cards.
(Related: Medical Defense Denied During Trial)
To prove a bona fide relationship the legislation proposes that a doctor must review relevant medical records, complete an assessment of the patient’s current condition with an in-person exam, create and maintain records and have reasonable expectation of providing follow-up care.
Cannabis Patients United (CPU) opposes the legislation because it’s not applied uniformly to all patient-doctor relationships in the state. Timy Knowlton, of CPU said it’s an effort to discriminate against medical marijuana patients.
“All of the amount of time and effort that’s placed on making sure that doctors who make medical marijuana recommendations aren’t abusing it, I appreciate, but quite honestly, marijuana compared to a lot of illegal (use of) prescription drugs, is a very benign substance,” he said. “Unless there is going to be effort made to root out physicians who are engaged in other practices, pill pushers, for instance, it just seems totally unfair.”
CPU, the American Civil Liberties Union of Michigan and the Criminal Defense Attorneys of Michigan each raised their doubts about HB 4834, which would permit law enforcement officers or officials to access medical marijuana patient information.
(Related: When State and Federal Laws Collide)
Currently, law officers can verify if a registration card is valid if they have the registration number. Staff attorney for ACLU of Michigan, Dan Korobkin, said there some cases when it would make sense for officers to be able to verify if a person is registered based on their name and date of birth or address. However, Korobkin said the bill provides too great of access by allowing officers to view patients’ medical conditions and doctor information.
“Medical marijuana patients need to know that their private information, particularly their medical information, is not going to be disclosed without a compelling justification,” he said. “The reasonable suspicion standard just doesn’t offer that protection. Plus … there’s simply no need for law enforcement to have access to the medical marijuana registry unless they already have probable cause to believe somebody’s violating the law.”
If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Read article: http://www.mlive.com/politics/index.ssf/2012/03/medical_marijuana_groups_urge.html
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of theMichigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
