Patient Qualifications and Medical Conditions Covered

[Ganjarden]

The Michigan Medical Marijuana Act defines a "Qualifying patient" as; a person who has been diagnosed by a physician as having a debilitating medical condition.

Specific Medical Conditions listed in Statute:
"Debilitating medical conditions":[Section 3 (a)1] applies to these medical conditions and the treatment of the following conditions:
Cancer
Glaucoma
Positive status for human immunodeficiency virus
Acquired immune deficiency syndrome
Hepatitis C
Amyotrophic lateral sclerosis (ALS - Lou Gehrig's Disease)
Crohn's disease
Agitation of Alzheimer's disease
Nail patella

New conditions can be specified: [Section 3 (a)3] Applies to any other medical condition or its treatment approved by the department, as provided for in section 5(a).

General Diseases , Medical Conditions, and treatment not listed but authorized in Statute:
Open ended definition of "Debilitating medical condition" includes any other conditions below [Section 3 (a)2]
A chronic disease or its treatment
A chronic medical condition or its treatment
A debilitating disease or its treatment
A debilitating medical condition or its treatment if it produces any of these symptoms or side effects:

cachexia or wasting syndrome;
severe nausea;
seizures, including but not limited to those characteristic of epilepsy; or
severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis.
Departmental Authority to expand conditions covered:
New conditions can be specified in future: [Section 3 (a)3] Applies to any other medical condition or its treatment approved by the department, as provided for in section 5(a).

Affirmative Defense Conditions Covered [section 8]
Any "serious or debilitating medical condition" or "symptoms" of a serious or debilitating medical condition, if a doctor has stated, in his professional opinion, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, that the patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's the condition or symptoms.

This standard is different than for obtaining the written certification for the registry ID card - it includes any "serious medical condition" in addition to "debilitating medical condition" and does not require any "chronic and severe pain" or other specific symptoms, so the defense applies if your doctor, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship, makes the statement that, "in my professional opinion, you likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate your serious condition or its symptoms."

Summary

You do not need to have one of the Specific Medical Conditions listed in Statute to be considered a qualified medical marijuana patient. The General Diseases , Medical Conditions, and treatments not listed but authorized in the Statute includes the treatment of any chronic or debilitating medical condition, or the medication, therapy, or any other treatment option prescribed by your primary physician to treat that condition. An example would be if you suffer from depression and your physician prescribes a medication to treat the depression, if that medication causes muscle aches and spasms, or it makes you nauseous, then you would qualify as a patient with a listed condition (muscle spasms or nausea) to choose medical marijuana as a treatment option. To find out if your condition applies, contact the THCF Clinic.

It's the opinion of some legel scholars that the Affirmative Defense provides greater patient protection than the Act itself. Contact Untitled Document for legal interpretations.


News Hawk- Ganjarden http://www.420Magazine.com
Source: Gather
Author: Richard Owl Mirror
Contact: Gather
Copyright: 2009 Gather Inc.
Website: Patient Qualifications and Medical Conditions Covered