Seeking Patient - Doctor Confidentiality Information - Everyone Please Read

[420]

please help us find all information possible for a very dear friend of ours, who has court on monday morning.

rumor has it, a medical marijuana patient/defendant has the right to decline answering a state's attorney or judge's request in court, for their condition in which they use cannabis...

does anyone have any info on this, confirming this rumor?

please post everything you can find on the subject, in this thread.

thanks and much love to you all...

 

[puffweedy]

The law is very sketchy on this one. Due to the conflict between State and Federal law and the conflict of Doctor/Patient rights. The judge can order you to answer. I asked one of my lawyer friend about this and no one seems to know the exact rule on this. It also depend on what charge and case is pending on the person.

 

[Smokin Moose]

Does NORML have any information on this? A lot of their work is with the courts.

 

[Smokin Moose]

I just emailed NORML to ask what the legal view is.

 

[Smokin Moose]

This is the respomse I received from Norml to my email

Mark:

I am reasonably certain that you are correct. The court can inquire as to whether the individual has a valid physician's recommendation, but they cannot get into the medical records to determine the precise medical reason for the recommendation.

To be certain, let me suggest that you call Bill Panzer, an experienced member of the NORML Legal Committee from Oakland and someone who is an expert in this area. Here is his contact information.

(510) 834-1892
wgpanzer@earthlink.net

I have copied Bill with this note.

Regards,

Keith Stroup, Esq.
NORML Legal Counsel
keith@norml.org
Marijuana Law Reform - NORML
_______________________________________________
Come to NORML's 36th Annual National Conference
'Cannabis, Creativity and Commerce'
October 12-13, 2007
Los Angeles, CA
Act now for discount rooms and reduced registration costs...
Special 'Student' and 'Senior Citizen' discounts available
Marijuana Law Reform - NORML / 888-67-NORML

--------------------------------------------------------------------------------
From: mark
Date: Wed, 19 Sep 2007 1803 +1000
To: <norml@norml.org>
Subject: help please

please help us find all information possible for a very dear friend of ours, who has court on monday morning.

rumor has it, a California medical marijuana patient/defendant has the right to decline answering a state's attorney or judge's request in court, for their condition in which they use cannabis...

does anyone have any info on this, confirming this rumor?

thanks

Mark





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[420]

thanks mark!

 

[Smokin Moose]

I will post the forwarded response as soon as it arrives. I should have followed this up earlier but I thought Dank had it covered.

 

[Waterfall]

I though a judge could subpenea just about anything. ya learn something new everyday.

 

[420]

that's what they want all the sheep to think...
we are free thinkers...