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MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

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MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013
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Page 1: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

MEDICAL MARIJUANARoland E Gardner

Medical Law (LDR650-SA)March 15, 2013

Page 2: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

What is Marijuana? Marijuana is a greenish-gray mixture of leaves,

stems, seeds and flowers of Cannabis sativa – the hemp plant.

THC is the active ingredient responsible of marijuana’s psychological effects.

Most users smoke marijuana in hand-rolled cigarettes. Some use pipes, water pipes or bongs. Marijuana cigars and blunts are also popular.

Page 3: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

One Man’s Story John Doe time is short, and he suffers from a rare

neurological disorder.

He lives not in Canada, Israel or the Czech Republic but in Texas – home to a prison system renowned for zero-tolerance.

He has found relief that traditional pills could not provide and with fewer adverse side effects.

He is lucky to receive some 300 joints/month under the little known Compassionate Investigative New Drug Program.

Page 4: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

The Pros ….

Glaucoma – THC has been shown to reduce intraocular pressure in laboratory animals and humans with glaucoma.

Appetite – Regular marijuana users note an increase in appetite – significant for those with wasting syndrome.

Analgesia – (Pain relief) – Some clinical studies show improvement in the pain management of cancer patients.

Multiple Sclerosis – Marijuana may protect nerves from the kind of damage that occurs with the disease.

Page 5: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

The Cons….

Stroke – Reports show an association between cannabis abuse and ischemic stroke in young people.

Oral Health - There appears to be increased periodontal disease, and pre-malignant lesions among marijuana users.

Lungs – Damage shown in cells of the lungs and small air sacs caused by cannabis use.

Long term cognitive function – heavy use may induce subtle changes resulting in altered emotional and cognitive

Page 6: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Medical Views 124,000 – member American College of Physicians

advocate reclassification [out of schedule 1 of the federal controlled substance Act. It would increase availability of cannabinoid drugs for patients who fail to respond to other treatment.

The American Nurses Association support patient’s right to legally and safely access marijuana /cannabis for symptom management and to promote quality of life for patients needing alternatives to conventional therapy.

Page 7: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Current Status 18 States and the District of Columbia have

enacted laws legalizing medical marijuana: Alaska, Arizona, California, Colorado, Connecticut, D.C., Delaware, Hawaii, Main, Massachusetts, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

11 States have legislation pending: Alabama, Florida, Illinois, Iowa, Kansas, Maryland, Missouri, New Hampshire, New York and west Virginia.

Page 8: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Michigan Matters Physician verifies patient’s debilitating condition

Physician contacted to verify that stated patient is under physician care.

Medical records must be current and document 3 years one of the conditions which qualify patient for medical marijuana.

Qualified patients will receive a signed State Certification Form which allows an application for a medical marijuana I.D. card.

Page 9: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Michigan Matters

Certifications are valid for one year.

Michigan charges $100 to file for an application

Michigan Marijuana Certification Center charges $150 for review and certification process.

130,000 Michigan residents have medical marijuana cards.

Michigan has approximately 25,000 caregivers

Page 10: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Privacy Concerns Michigan legislature passes HB 4834 which makes

registry information available to police agencies.

The National Patients Rights Association (NPRA) advocates that HIPPA should govern individual health information.

The Michigan Association of Compassionate Care (MACC) has filed an emergency brief to halt federal access to confidential marijuana records.

DEA raids and patient confidentiality.

Page 11: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Court Decisions

U.S. Supreme Court has declined to legalize the medical use of marijuana under federal law.

Users open to prosecution by the government.

In California – the state appeals court has upheld the stat’s medical cannabis law.

Forth District Court of Appeals in San Diego fights objections to the 1996 marijuana initiative.

Page 12: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

Court decisions Feb. 8, 2013, The Michigan Supreme Court ruled

the marijuana dispensaries illegal.

In Oakland California lawsuits continue in federal court over marijuana dispensary.

Arizona Supreme Court takes up challenge to the state’s medical marijuana law.

Dispensaries set to open in Washington D.C. in April.

Page 13: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

“Blunt Talk” Montel Williams has announced plans to open his

own dispensary.

Scotts Miracle-Gro is actively exploring opportunities in the medical marijuana market.

Miss America has said that from a legal perspective medical marijuana should be legalized.

Lawmakers Ron Paul and Barney Frank introduced a bill to end the federal band on marijuana.

Page 14: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

Medical Marijuana

“Blunt Talk” Drug offenders comprise over 500,000 of the

more than 2 million incarcerated in our prisons and jails.

Offenders represent no real threat to society.

Decriminalization a logical progression

Page 15: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

References

Battle Over Pot Dispensary Back in federal Court (2013) Retrieved March 9,2013 from http://sanfrancisco.cbslocol.com/2013/02/01/battle-over-oakland-pot-dispensary-back-in-federal-court/

Judge: Medical Marijuana users can collect jobless benefits/Detroit Free press/freep.com Retrieved from http://www.freep.com/article/20130307/NEWS07/130307017/judge-Medical-marijuana-users-can-collect-jobless-benefits

MayoClinic.com health Library. Retrieved from http://www.riversideonline.com/health_reference/Articles/GA0014.cfm

Medical benefits of THC. Retrieved march 11,2013 from http://www.godandscience.org/doctrine/medical_marijuana_review.html

Page 16: MEDICAL MARIJUANA Roland E Gardner Medical Law (LDR650-SA) March 15, 2013.

References

Medical Cannabis: Voices from the Frontlines (2011). Retrieved March 8, 2013 from http://safeaccessnow.org/blog/2011/06/30/main-moves-to-protect-private-patient-records/

Michigan Medical Marijuana facts. (2013) Retrieved march 5, 2013 from http://www.michiganmedicalmarijuanacertification.com/faqs/

Medical Marijuana: Pros and Cons (2013) retrieved March 10, 2013 from http://www.thesurvivaldoctor.com/2013/02/14/medical-marijuana-pros-and-cons-doctor-debate-opinions/


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