View Full Version : Patient Doctor Relationship
icollect
October 15th, 2003, 03:09 AM
The supreme court handed our industry a victory based on Doctor Patiebt relationship and free speach. Though This suit concerned medical smoke, it addressed the doctor patient relationship, which is so key to our cause. Ops and their lawyers should take note.
This ruling defacto makes the Florida law unconstitutional!!!!
http://story.news.yahoo.com/news?tmpl=story&u=/nm/20031014/hl_nm/court_marijuana_dc_2
MedMan
October 15th, 2003, 08:13 AM
Hello icollect.
While I would applaude the decision if it concerned our industry, I did not read in the article where it would relate to our industry. Maybe I didn'tread it correctly?
Could you explain how this ties into what we are doing? I am not a lawyer so I cannot "read between the lines" so to speak. Maybe you can provide some more insight as to how this decision will affect our industryand how it makes what happened in Florida unconstitutional.
Thanks.
icollect
October 15th, 2003, 12:56 PM
Sure the geist of the ruling concerned freedom of speach between a doctorand patient, very important point because the previous 2 administrations forbabe a doctor even advise a patient that he should use mary jane for his chronic illness. This right establishes an absolute right for a doctor to discuss any and all available optios and strictly forbades any federal interference.
The most important point of the ruling was to reinforce the sanctity of the doctor patient relationship. The justices bluntly rejected the notion that the federal government had any business involving themselves in the relationship.
The federal government has classified marijuana as a controlled substance, an illegal drug, saying it has "a high potential for abuse," "no currently accepted medical use" and is unsafe even when used under medical supervision.
A U.S. appeals court in San Francisco ruled the federal government's policy against doctors who recommend marijuana violated constitutional free-speech rights of physicians and patients.
smileys/smiley17.gifWhile it doesn't give us any protection immediately, if I were in duress by the DEA and had a half assed decent lawyer the would be a foot hold in this ruling to get them off your back. Such as the sanctions that were imposed this weekend would be out of bounds because the DEA sought out this doctor for his advice and for a prescription. The doctor wrote the prescription within the normal ranges of consideration (BMI), AND the prescription was then filled and dispensed.
The following paragraph is the solicitors take on what it means. The same principles argued in this case which involved a legal drug could be used to defend any legal drug phentermine, soma, or any other medication.
Solicitor General Theodore Olson of the Justice Department (news (http://us.rd.yahoo.com/DailyNews/manual/*http://search.news.yahoo.com/search/news?p=%22Justice%20Department%22&c=&n=20&yn=c&c=n ews&cs=nw) - web sites (http://us.rd.yahoo.com/DailyNews/manual/*http://dir.yahoo.com/Government/U_S__Government/Executive_Branch/Departments_and_Agencies/Department_of_Justice__DOJ_/)) appealed to the Supreme Court and said the decision impaired the government's power "to enforce the law in an area vital to the public health and safety."
He said the appeals court decision imposed "sweeping and unprecedented restrictions on the government's ability even to investigate possible violations of the law."
icollect
October 15th, 2003, 01:03 PM
The following paragraph is the solicitors take on what it means. The same principles argued in this case which involved a legal drug could be used to defend any legal drug phentermine, soma, or any other medication.
What I meant to say," which invoilved an illegal drug"
daverx
October 15th, 2003, 01:27 PM
Wouldnt it be awesome if OP's carried medical mary jane? Just have to fill out a questionnaire saying you've got glaucoma.
-daverx
ChesterCoperpot
October 15th, 2003, 03:00 PM
Wouldnt it be awesome if OP's carried medical mary jane? Just have to fill out a questionnaire saying you've got glaucoma.
LOL, cmon Theo and Doug... Go for it!!
icollect
October 15th, 2003, 03:57 PM
That's why I can't spell worth a s**t I'm blind, I guarantee a reordersmileys/smiley16.gif
redex
October 15th, 2003, 08:19 PM
I looked at that article and now I have marijuana cookies on my computer. LOL
http://heavyandsue.com/bboards/1.jpg
smokey
October 15th, 2003, 10:33 PM
Im all for that..............smileys/smiley4.gif
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