Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Madison Heights -- When Dr. Eric Eisenbud takes the stand in an Oakland County courtroom today to defend a medical marijuana prescription, he'll be thrust into an unwelcome spotlight.
Forcing doctors to court to discuss patient cases often has a chilling effect on other physicians, and, in this case, on doctors who are considering prescribing pot to sick patients, legal experts, doctors and observers all agree.
"I am concerned about it having a chilling effect on a physician's willingness to write recommendations for people who are deserving patients," said Matthew Abel, a Detroit attorney for medical marijuana patients.
"They might have some concern of being put in the spotlight, but the major concern is a doctor is there to treat patients and not testify in court."
Under Michigan's medical marijuana act, physicians who recommend the drug for sick patients are protected from arrest, prosecution and penalty as long as they follow the law.
But most doctors don't know what the law allows them to do.
Dr. Daniel B. Michael, president-elect of the Michigan State Medical Society, said the state's 37,683 licensed physicians are still waiting for a directive from the state Department of Community Health on the new act.
"The physicians are still waiting for the final word from the state. There are some, including myself, who have been approached by patients for certifications and have not given them ... Do we write this on a piece of paper, or what? There isn't a form for this," said Michael, a neurosurgeon at Beaumont Hospital in Royal Oak.
Eisenbud, a Colorado-based ophthalmologist licensed in Michigan who sees patients at the Hemp and Cannabis Foundation clinic in Southfield, is expected to discuss his evaluation of patient Torey Clark, who is charged along with co-defendant Robert Redden with growing marijuana plants inside their Madison Heights home. Clark and Redden have asserted a medical defense.
Madison Heights Judge Robert Turner ordered Eisenbud to testify today about the document Eisenbud signed March 4 that qualifies Clark, who has cancer, to use medical marijuana.
The new law, which was overwhelmingly passed by Michigan voters last fall, permits a state-licensed physician -- medical doctor or osteopathic -- to certify in writing that a patient is qualified to use medical marijuana.
Paul Walton, chief deputy Oakland County prosecutor, said the state law is so poorly written and vague that it's not clear what medical information is available to prosecutors as part of their case. Walton said his office may have to file a motion for certain documents and it wasn't known whether federal health information privacy laws applied.
"We have a right to call the doctor and question him as part of our case," Walton said.
Michael, with the state medical society, said no physician wants to be in court. "My colleagues are not ready to jump into this until we get some further clarification," he said.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Detroit News (MI)
Copyright: 2009 The Detroit News
Contact: letters@detnews.com
Website: The Detroit News | detnews.com | Thursday, June 18, 2009 | News, sports, features, blogs, photos and forums from Detroit and Michigan
Author: Jennifer Chambers
Forcing doctors to court to discuss patient cases often has a chilling effect on other physicians, and, in this case, on doctors who are considering prescribing pot to sick patients, legal experts, doctors and observers all agree.
"I am concerned about it having a chilling effect on a physician's willingness to write recommendations for people who are deserving patients," said Matthew Abel, a Detroit attorney for medical marijuana patients.
"They might have some concern of being put in the spotlight, but the major concern is a doctor is there to treat patients and not testify in court."
Under Michigan's medical marijuana act, physicians who recommend the drug for sick patients are protected from arrest, prosecution and penalty as long as they follow the law.
But most doctors don't know what the law allows them to do.
Dr. Daniel B. Michael, president-elect of the Michigan State Medical Society, said the state's 37,683 licensed physicians are still waiting for a directive from the state Department of Community Health on the new act.
"The physicians are still waiting for the final word from the state. There are some, including myself, who have been approached by patients for certifications and have not given them ... Do we write this on a piece of paper, or what? There isn't a form for this," said Michael, a neurosurgeon at Beaumont Hospital in Royal Oak.
Eisenbud, a Colorado-based ophthalmologist licensed in Michigan who sees patients at the Hemp and Cannabis Foundation clinic in Southfield, is expected to discuss his evaluation of patient Torey Clark, who is charged along with co-defendant Robert Redden with growing marijuana plants inside their Madison Heights home. Clark and Redden have asserted a medical defense.
Madison Heights Judge Robert Turner ordered Eisenbud to testify today about the document Eisenbud signed March 4 that qualifies Clark, who has cancer, to use medical marijuana.
The new law, which was overwhelmingly passed by Michigan voters last fall, permits a state-licensed physician -- medical doctor or osteopathic -- to certify in writing that a patient is qualified to use medical marijuana.
Paul Walton, chief deputy Oakland County prosecutor, said the state law is so poorly written and vague that it's not clear what medical information is available to prosecutors as part of their case. Walton said his office may have to file a motion for certain documents and it wasn't known whether federal health information privacy laws applied.
"We have a right to call the doctor and question him as part of our case," Walton said.
Michael, with the state medical society, said no physician wants to be in court. "My colleagues are not ready to jump into this until we get some further clarification," he said.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Detroit News (MI)
Copyright: 2009 The Detroit News
Contact: letters@detnews.com
Website: The Detroit News | detnews.com | Thursday, June 18, 2009 | News, sports, features, blogs, photos and forums from Detroit and Michigan
Author: Jennifer Chambers
