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PHYSICIAN INQUIRIES AND SCIENCE SURVEY HERE
AMOTIVATIONAL SYNDROME, ACHALASIA, ACUTE PORPHYRIA, AGGRESSIVE-DESTRUCTIVE BEHAVIOR, AIDS, ALZHEIMER'S DISEASE, AMPUTATION, ANKYLOSING SPONDYLITIS, ANXIETY ATTACKS, ASEPTIC NECROSIS, ASTHMA, ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD), BACK PAIN, BIPOLAR DISORDER, BORDERLINE PERSONALITY DISORDER, BRAIN SURGERY (POST), BURN INJURY, CANCER, CHARCOT-MARIE-TOOTH DISEASE, COLITIS, COMMON COLD, CONGESTIVE HEART FAILURE, CONSTIPATION, CROHN'S DISEASE, CYSTIC FIBROSIS, DEGENERATIVE DISC DISEASE, DEMENTIA, DIABETES, DIABETIC GASTROPARESIS, DYSMENORRHEA, ENDOMETRIOSIS. FAMILIAL SPASTIC PARAPLEGIA, FIBROMYALGIA, FRONTAL LOBE EPILEPSY, GASTROESOPHOGEAL REFLUX DISEASE (same as diabetic gastroparesis), GLAUCOMA, GOUT, GRAND MAL SEIZURES, GYNECOMASTIA, HASHIMOTO'S ENCEPHALOPATHY, HEPATITIS C (HCV), HERPES, HIGH BLOOD PRESSURE, HORTON'S SYNDROME (CLUSTER HEADACHE), HYPEREMESIS GRAVIDARU, HYPERTENSION, INSOMNIA, INTRACTABLE HICCOUGHS, IRRITABLE BOWEL SYNDROME, JOINT PAIN, LABOR DISCOMFORT, LEWY BODY DISEASE, LYME DISEASE, LUNG CANCER, MENIÈRE'S SYNDROME, MENINGITIS, MENORRHAGIA (excessive menstrual bleeding), MIGRAINE, MULTIPLE SCLEROSIS, MUSCLE SPASM, MYASTHENIA GRAVIS, MYOFASCIAL PAIN SYNDROME, NARCOLEPSY, NAUSEA, (ERYTHEMA) NODOSUM, NEUROFIBROMATOSIS NYSTAGMUS, OPTIC NERVE ATROPHY, ORTHOSTATIC HYPOTENSION, OSTEOARTHRITIS, PAGET'S DISEASE, SEVERE AND CHRONIC PAIN, PANIC DISORDER, PARAPLEGIA, PERIPHERAL NEUROPATHY, PHANTOM PAIN, POLYCYSTIC KIDNEY DISEASE, POST-POLIO SYNDROME, POST-TRAUMATIC CONVULSIVE DISORDER, POST-TRAUMATIC NEUROMUSCULAR SYMPTOMS, POST-TRAUMATIC SPASMS AND PAIN, POST-TRAUMATIC STRESS DISORDER (PTSD), PREGNANCY, PREMENSTRUAL SYNDROME (PMS), PRIMARY SCLEROSING CHOLANGIITIS (PSC), PSEUDOTUMOR CEREBRI, PSORIASIS, QUADRIPLEGIA, RAYNAUD'S PHENOMENON, RESTLESS LEGS SYNDROME, RHEUMATOID ARTHRITIS, RUPTURED DISC PAIN, SEXUAL DISABILITY, SPASTIC PARAPLEGIA, SPASTICITY, (DYSPEPSIA) STOMACH DISCOMFORT, STUTTERING, SYSTEMIC LUPUS ERYTHEMATOSUS (SLE), TEMPORAL LOBE EPILEPSY, ESOPHAGEAL SPASMS, TESTICULAR CANCER, TINNITUS, TOURETTE'S SYNDROME, TRANSVERSE MYELITIS, TRIGEMINAL NEURALGIA, ULCERATIVE COLITIS, VON HIPPEL-LANDAU SYNDROME, MORBID OBESITY, WYBURN-MASON SYNDROME Source RxMarijuana
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 and chronic pain;
- 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.
The Certificate
The law requires a qualifying patient to present a written certificatation to the Department in order to obtain a Registry ID Card. This remains confidential. “Written certification" means a document signed by a physician, stating the patient's debilitating medical condition and stating that, in the physician's professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition or symptoms associated with the debilitating medical condition. The written certification is not a prerequisite to asserting the Affirmative Defense.
Law provides absolute legal protections to the doctor. The Physician (defined by the act) shall not
- be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action
- by the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau,
- solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient's medical history,
- or for otherwise stating that, in the physician's professional opinion, a patient is likely to receive therapeutic or palliative benefit
- from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition
- failing to properly evaluate a patient's medical condition, or
- otherwise violating the standard of care for evaluating medical conditions.
Physicians as Gatekeepers – There is no provision whatsoever in this law that allows anyone to second guess a licensed physician’s professional judgment. This includes not only the judgment that marijuana is likely to produce therapeutic or palliative benefits but also the judgment as to whether your condition meets the statutory criteria. This statutory scheme has three different options that allow the specific list to be expanded substantially. As shown below, if a medical condition is not on the specific list of conditions immediately below, you can qualify if you determine, in your professional judgment that that your patient has, “A chronic or debilitating disease or medical condition or its treatment that produces 1 or more of the following: cachexia or wasting syndrome; severe and chronic pain; 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.
Even more expansive is the very general criteria set for umbrella affirmative defense, immediately below. It includes any “serious medical condition” in addition to “debilitating medical condition” and does not require any “chronic and sever pain” or any of other specific symptoms.
The Gatekeeper's Statement [Section 8(a)1]:
This
statement is for the umbrella Medical Purpose Affirmative Defense,
available regardless of participation or not in the Registry ID Card
program. It sets a different standard than that required under the
"written certification" statement. Notice this statement refers to
patient's "serious or debilitating medical condition or
its symptoms", which gives you much more leeway than the "debilitating
medical condition" standard, and provides more discretion than the
general criteria too, which is, “debilitating medical condition” and does not require any “chronic and sever pain” or any of other specific symptoms. The element of the defense that directly relies on the doctor's unbridled discretion is a statement, written or oral:
A physician (Licensed MD or Osteopath) has stated that
- in the physician's professional opinion
- after having completed a full assessment of
- the patient's medical history
- and patient's current medical condition
- which assessment was completed 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 marijuana to
treat or alleviate the
patient's serious or debilitating medical condition or symptoms of the
patient's serious or debilitating medical condition.
AMOTIVATIONAL SYNDROME
ACHALASIA
ACUTE PORPHYRIA
AGGRESSIVE-DESTRUCTIVE BEHAVIOR
AGORAPHOBIA
AIDS
ALCOHOLISM
ALZHEIMER'S DISEASE
AMPUTATION
ANGER
ANGINA
ANKYLOSING SPONDYLITIS
ANXIETY ATTACKS
ASEPTIC NECROSIS
ASTHMA
ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD)
BACK PAIN
BIPOLAR DISORDER
BORDERLINE PERSONALITY DISORDER
BRAIN SURGERY (POST)
BURN INJURY
CANCER
CHARCOT-MARIE-TOOTH DISEASE
COLITIS
COMMON COLD
CONGESTIVE HEART FAILURE (CHF)
CONSTIPATION
CROHN'S DISEASE
CYSTIC FIBROSIS
DEGENERATIVE DISC DISEASE
DEMENTIA
DEPRESSION
DIABETES
DIABETIC GASTROPARESIS
DRUG ADDICTION
DYSMENORRHEA
ENDOMETRIOSIS
FAMILIAL SPASTIC PARAPLEGIA
FEAR OF DEATH
FERTILITY
FIBROMYALGIA
FRONTAL LOBE EPILEPSY
GASTROESOPHOGEAL REFLUX DISEASE (same as diabetic gastroparesis)
GLAUCOMA
GOUT
GRAND MAL SEIZURES
GRIEF
GYNECOMASTIA
HASHIMOTO’S ENCEPHALOPATHY
HEPATITIS C (HCV)
HERPES
HIGH BLOOD PRESSURE
HORTON’S SYNDROME (CLUSTER HEADACHE)
HYPEREMESIS GRAVIDARUM
HYPERTENSION
HYPOMANIA
INSOMNIA
INTRACTABLE HICCOUGHS
IRRITABLE BOWEL SYNDROME
JOINT PAIN
LABOR
LEWY BODY DISEASE
LYME DISEASE
LUNG CANCER
MENIÈRE’S SYNDROME
MENINGITIS
MENORRHAGIA (excessive menstrual bleeding)
MIGRAINE
MISCELLANEOUS
MULTIPLE SCLEROSIS
MUSCLE SPASM
MYASTHENIA GRAVIS
MYOFASCIAL PAIN SYNDROME
NARCOLEPSY
NAUSEA
(ERYTHEMA) NODOSUM
NEUROFIBROMATOSIS NYSTAGMUS
OBSESSIVE-COMPULSIVE DISORDER
OPTIC NERVE ATROPHY
ORTHOSTATIC HYPOTENSION
OSTEOARTHRITIS
PAGET'S DISEASE
PAIN
PANIC DISORDER
PARAPLEGIA
PERIPHERAL NEUROPATHY
PHANTOM PAIN
POLYCYSTIC KIDNEY DISEASE
POST-POLIO SYNDROME
POST-TRAUMATIC CONVULSIVE DISORDER
POST-TRAUMATIC NEUROMUSCULAR SYMPTOMS
POST-TRAUMATIC SPASMS AND PAIN
POST-TRAUMATIC STRESS DISORDER (PTSD)
PREGNANCY
PREMENSTRUAL SYNDROME (PMS)
PRIMARY SCLEROSING CHOLANGIITIS (PSC)
PSEUDOTUMOR CEREBRI
PSORIASIS
QUADRIPLEGIA
RAYNAUD'S PHENOMENON
RESTLESS LEGS SYNDROME
RHEUMATOID ARTHRITIS
RUPTURED DISC PAIN
SCHIZOPHRENIA
SEXUAL DISABILITY
SEXUAL STIMULATION
SPASTIC PARAPLEGIA
SPASTICITY
(DYSPEPSIA) STOMACH DISCOMFORT
STUTTERING
SYSTEMIC LUPUS ERYTHEMATOSUS (SLE)
TEMPORAL LOBE EPILEPSY
ESOPHAGEAL SPASMS
TESTICULAR CANCER
TINNITUS
TOBACCO ADDICTION
TOURETTE'S SYNDROME
TRANSVERSE MYELITIS
TRIGEMINAL NEURALGIA
ULCERATIVE COLITIS
VIOLENCE
VON HIPPEL-LANDAU SYNDROME
WEIGHT CONTROL
WYBURN-MASON SYNDROME
- Media Awareness Project
- Schaffer Library of Drug Policy
- State by State Survey of Medical Marijuana laws in America
- Marijuana Policy Project Library
- National Organization for the reform of Marijuana Laws
- Drug Science
- Drug War Facts regarding medical marijuana
- Common Sense Drug Policies
- Cannabis News
- Cannabis Medical Dictionary
- ACP American College of Physicians
- RxMarijuana
- The Science of Medical Marijuana
- State by State Detailed Survey of Marijuana Laws
- Medical Marijuana Pro Con Site
PHYSICIAN INQUIRIES AND SCIENCE SURVEY HERE
READ FULL TEXT OF THE NEW MICHIGAN MEDICAL MARIJUANA ACT HERE
Endorsing Organizations
American College of Physicians • Institute of Medicine • American Public Health Association • American Nurses Association • American Academy of HIV Medicine • Leukemia and Lymphoma Society • Lymphoma Foundation of America • American Medical Student Association • the state medical societies of New York, Rhode Island, and California • Scientific American
- The American Medical Association "calls for further adequate and well-controlled studies of marijuana" and believes that "effective patient care requires the free and unfettered exchange of information on treatment alternatives and that discussion of these alternatives between physicians and patients should not subject either party to criminal sanctions" — These views stand in sharp contrast to the actions of the federal government, which has systematically hampered research and attempted (unsuccessfully) to bar doctors from recommending marijuana to their patients.
- According to a 2003 WebMD Medscape poll, 76% of physicians
and 86% of nurses favor "the decriminalization of marijuana for
medicinal purposes."
- "Nausea, appetite loss, pain and anxiety are all afflictions of wasting and can be mitigated by marijuana."
— Institute of Medicine, Marijuana and Medicine: Assessing the Science Base, 1999
- "ACP urges an evidence-based review of marijuana's status as a
Schedule I controlled substance to determine whether it should be
reclassified to a different schedule. ... ACP strongly supports
exemption from federal criminal prosecution; civil liability; or
professional sanctioning, such as loss of licensure or credentialing,
for physicians who prescribe or dispense medical marijuana in
accordance with state law. Similarly, ACP strongly urges protection
from criminal or civil penalties for patients who use medical marijuana
as permitted under state laws. ... Evidence not only supports the use
of medical marijuana in certain conditions but also suggests numerous
indications for cannabinoids."
— American College of Physicians, Supporting Research into the Therapeutic Role of Marijuana, 2008 - source MPP
- Medical Marijuana Overview
- Q & A on Sativex
- Obstructions Efforts that Frustrate Researchers
- Medical Marijuana and Science Studies
- Common Question about Marijuana by the Institute of Medicine
- ACP American College of Physicians
Keys to understanding the new Michigan Medical Marijuana Law
Basic Facts about the new Michigan Medical Marijuana Law, passed by voters on November 4, 2008:
- The
new law takes legal effect 10 days after the vote is canvassed, which
OFFICIAL canvass must occur no later than November 18, 2008.Expect this
law to take effect between the 20th to the 28th of November, 2008.
- The new law gives the Michigan Department of Health authority to issue special cards to qualified patients, and their primary caregivers, which make them immune from Michigan legal penalties for marijuana use that is for a legitimate medical purpose and done in accordance with various rules designed to prevent recreational drug abuse by persons who do not have or serve a legitimate medical need.
- This
law makes Doctors the unquestioned gatekeepers to access. No court can
second guess their professional judgment. So long as they follow simple
rules they are fully protected too.
- The
law protects users and primary caregivers even if they do not have
cards, by creating a statutory Medical Use Affirmative Defense, and
this defense should be available to current defendants. This defense
very liberal and is fully explained below.
- The Department of Community Health has 120 days from the effective date of the new law to establish rules and commence issuing Registry ID cards. That's sometime in late March 2009. After that time, if they do not implement the program, or if a card is not issued within a certain time after proper application to a person who applies and meets the qualifications, then the qualifying patient may prepare an affidavit (notarized statement), which I have supplied in the Free Form Bank, and keep it on hand in lieu of a Registry Identification Card.
- To
get a registry ID card you must get a written certification from your
own doctor. Doctors are the Gatekeepers. "Written certification" means
a document signed by a physician, stating the patient's debilitating
medical condition and stating that, in the physician's professional
opinion, the patient is likely to receive therapeutic or palliative
benefit from the medical use of marijuana to treat or alleviate the
patient's debilitating medical condition or symptoms associated with
the debilitating medical condition.
- Registry ID cards are strictly confidential, and cannot be used as probable cause or to target you or your primary care giver. If the Department gives out your identifying information inappropriately, it is a crime.
- Your Registry ID card will designate whether you will grow your own plants (you can have 12 plants) or have a primary care giver (who can service up to five qualifying patients at a time and have 12 plants for each patient). If you designate a primary care giver, you cannot have your own plants. All plants must be kept in a very secure locked place. A primary caregiver must have a registry ID card too, and gets one automatically when you make the designation.
- If
you are a registered qualifying patient you can pay the primary
caregiver for the cost of providing the service, but not for the
marijuana. Federal laws could still be enforced against you and your
primary caregiver, but only by federal authorities.
- If you are a qualified registered patient you can have two ounces of marijuana in your possession. A primary caretaker can have 2 ounces for each patient (up to 5 patients).
- If you are a registered qualifying user you cannot be arrested,prosecuted, or subject to forfieture of you property or your even your marijuana supply if you stick to the common sense rules, as follows:
- Do not smoke marijuana in public or on any form of public transportation.
- Do not use or possess marijuana on any school grounds pre and K-12 school grounds or in a correctional facility.
- Do not drive anything at all under the influence.
- Do not give or sell marijuana to anyone who is not a qualifying patient.
_______________
Citation of the law: Cite as the Michigan Medical Marihuana Act
Law specifically authorizes medical use: "The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act."[Section 7 (a)]
Scope of Conduct Covered by Act:
"Medical use" means the acquisition, possession, cultivation,
manufacture, use, internal possession, delivery, transfer, or
transportation of marihuana or paraphernalia relating to the
administration of marihuana to treat or alleviate a registered
qualifying patient's debilitating medical condition or symptoms
associated with the debilitating medical condition.
Any State Laws Inconsistent with Act Do Not Apply to Medical Use:
[Section 7(e)] "All other acts and parts of acts inconsistent with this
act do not apply to the medical use of marihuana as provided for by
this act."
Protections and Responsibilities of Physicians: [Section 4(f)]
- A physician shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action
- by the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau,
- solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient's medical history,
- or for otherwise stating that, in the physician's
professional opinion, a patient is likely to receive therapeutic or
palliative benefit from the medical use of marihuana to treat or
alleviate the patient's serious or debilitating medical condition or
symptoms associated with the serious or debilitating medical condition,
The act does not prevent a professional licensing board from sanctioning a physician for
- failing to properly evaluate a patient's medical condition or
- otherwise violating the standard of care for evaluating medical conditions.
Standing: The law provides specific legal protections and immunities for Qualified Patients
- Registered "Qualifying patient" means a person who has been diagnosed by a physician as having a debilitating medical condition. [Section 3(f)].
- Must have a registry identification card, or its legal equivaluent if department fails to issue. [Section 9(b)].
- If the department fails to issue a valid registry identification card in response to a valid application or renewal submitted pursuant to this act within 20 days of its submission, the registry identification card shall be deemed granted, and a copy of the registry identification application or renewal shall be deemed a valid registry identification card.
- [Section 9(c)]. If at any time after the 140 days
following the effective date of this act the department is not
accepting applications, including if it has not created rules allowing
qualifying patients to submit applications, a notarized statement by a
qualifying patient containing the information required in an
application, pursuant to section 6(a)(3)-(6) together with a written
certification, shall be deemed a valid registry identification card
·
Standing: The law provides specific legal protections and immunities for Visiting Qualified Patients: "Visiting qualifying patient" means a patient who is not a resident of this state or who has been a resident of this state for less than 30 days. [Section 3(k)] A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient's medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department. [Section 4(j)]·
Standing: The law provides specific legal protections and immunities for Patients under Affirmative Defense (No Registry ID Card): "Patient" means a person who possesses not more than an amount reasonably necessary to insure uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition or symptoms, uses for a medical purpose, whose doctor has stated is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient's serious or debilitating medical condition or symptoms.
Standing: The law provides specific legal protections and immunities for Primary Care givers: "Primary caregiver" means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs. [Section 3(g)] A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances. [Section 4(e)]·
Standing: The law provides specific legal protections and immunities for Qualified Patients, Patients, Primary Care givers, and Physicians: "Physician" means an individual licensed as a physician under Part 170 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17084, or an osteopathic physician under Part 175 of the public health code, 1978 PA 368, MCL 333.17501 to 333.17556. [Section 3(f)]
Standing for others: The law also provides specific legal protections and immunities for Paraphinalia Providers, Persons merely in the vicinity of, or persons who assist registered qualifying users.
Act does not create special entitlements [Section 7(c)]
Nothing in t his act shall be construed to require:
(1) A government medical assistance program or commercial or
non-profit health insurer to reimburse a person for costs associated
with the medical use of marihuana.
(2) An employer to accommodate the ingestion of marihuana in any
workplace or any employee working while under the influence of
marihuana.
Parental Rights:[Section 4(C)]A
person shall not be denied custody or visitation of a minor for acting
in accordance with this act, unless the person's behavior is such that
it creates an unreasonable danger to the minor that can be clearly
articulated and substantiated.
Revocation of Registry Identification Card and Felony for Abuse: Any registered qualifying patient or registered primary caregiver[Section 4(k)]:
- who sells marihuana
- to someone who is not allowed to use marihuana for medical purposes under this act
- shall have his or her registry identification card revoked and
- is guilty of a felony punishable by imprisonment
for not more than 2 years or a fine of not more than $2,000.00, or
both, in addition to any other penalties for the distribution of
marihuana.
Physician Notice to Department-Card Revoked: [Section 6(f)] If
a registered qualifying patient's certifying physician notifies the
department in writing that the patient has ceased to suffer from a
debilitating medical condition, the card shall become null and void
upon notification by the department to the patient.
The affirmative defense is available to the following people:
- Any "patient" who demonstrates the patient's medical purpose for using marijuana pursuant to this section; or
- Any patient's "primary caregiver" who demonstrates the patient's medical purpose for using marijuana pursuant to this section.
The defense applies to the acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia, in these proceedings:
- Any prosecution involving marijuana [Section 8(a)]
- Any disciplinary action by a business or occupational or professional licensing board or bureau [Section 8(c)1]; or
- Forfeiture of any interest in or right to property. [Section 8(c)2]
Statutory authority to bring a motion to dismiss, and mandatory dismissal: [Section 8(b)]
Disqualifications: [Section 8(a)] Defendant cannot assert the affirmative defense if possessing or engaging in the use of marijuana was in violation of Section 7(b) of the Act. Section 7(b) lists certain disqualifying criteria that apply to the Section 8 affirmative defense and to the Act's other more prophylactic immunities for registry participants. The defense may not be asserted for any of the following:
- Smoking marijuana "in any public place";
- Smoking marijuana on any form of public transportation;
- Any use by a person who has no serious or debilitating medical condition;
- Any conduct where being under the influence would constitute negligence or professional malpractice per se;
- Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marihuana.
- Any use or possession in a school bus;
- Any use or possession on the grounds of any preschool, primary, or secondary school;
- Any use or possession in any correctional facility;
Elements of the Affirmative Defense:
1. The Gatekeeper's Statement [Section 8(a)1]:
- A physician (Licensed MD or Osteopath)
- has stated that
- in the physician's professional opinion
- after having completed a full assessment of
- the patient's medical history and
- patient's current medical condition
- which assessment was 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 serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition
- The patient and the patient's primary caregiver, if any, were collectively
- in possession of a quantity of marihuana that was
- not more than was reasonably necessary
- to ensure the uninterrupted availability of marihuana
- for the purpose of treating or alleviating
- the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition
- were engaged in the
- acquisition, possession, cultivation, manufacture, use, delivery, transfer, or transportation of marihuana or paraphernalia relating to the use of marihuana
- to treat or alleviate
- the patient's serious or debilitating medical condition or symptoms of the patient's serious or debilitating medical condition.
Stedman's Concise Medical Dictionary for health professionals v2 4th edition
patient - one who is suffering from disease, injury, abnormal state, or mental disorder.
relationship - the state of being related, associated, or connected.
symptom - any morbid phenomenon or departure from the normal in structure, function, or sensation, experienced by the patient and indicative of disease. See Also: phenomenon (1), reflex (1), syndrome, sign (1).
relieve - to free wholly or partly from pain or discomfort, either physical or mental.
chronic - 1. referring to a health-related state, lasting a long time. 2. referring to exposure, prolonged or long-term, sometimes meaning also low-intensity. 3. the U.S. National Center for Health Statistics defines a chronic condition as one of three months' duration or longer.
pain - 1. an unpleasant sensation associated with actual or potential tissue damage, and mediated by specific nerve fibers to the brain where its conscious appreciation may be modified by various factors. 2. term used to denote a painful uterine contraction occurring in childbirth.
Chronic
1. referring to a health-related state, lasting a long time.
2. referring to exposure, prolonged or long-term, sometimes meaning also low-intensity.
3. the U.S. National Center for Health Statistics defines a chronic condition as one of three months' duration or longer.
symptom - any morbid phenomenon or departure from the normal in structure, function, or sensation, experienced by the patient and indicative of disease. See Also: phenomenon (1), reflex (1), syndrome, sign (1).
cachexia - a general weight loss and wasting occurring in the course of a chronic disease or emotional disturbance.
nausea - a feeling of being sick at the stomach; an inclination to vomit.
seizure - 1. an attack; the sudden onset of a disease or of certain symptoms.
2. an epileptic attack. Syn: convulsion (2).
epilepsy - a chronic disorder characterized by paroxysmal brain dysfunction due to excessive neuronal discharge, and usually associated with some alteration of consciousness. The clinical manifestations of the attack may vary from complex abnormalities of behavior including generalized or focal convulsions to momentary spells of impaired consciousness. These clinical states have been subjected to a variety of classifications, none universally accepted to date and, accordingly, the terminologies used to describe the different types of attacks remain purely descriptive and nonstandardized; they are variously based on 1) the clinical manifestations of the seizure (motor, sensory, reflex, psychic or vegetative), 2) the pathologic substrate (hereditary, inflammatory, degenerative, neoplastic, traumatic, or cryptogenic), 3) the location of the epileptogenic lesion (rolandic, temporal, diencephalic regions), and 4) the time period at which the attacks occur (nocturnal, diurnal, menstrual). Syn: fit (3), seizure disorder.
spasm - a sudden involuntary contraction of one or more muscle groups; includes cramps, contractures. Syn: spasmus, muscle spasm.
multiple sclerosis (MS) - common demyelinating disorder of the central nervous system, causing patches of sclerosis (plaques) in the brain and spinal cord; occurs primarily in young adults; clinical manifestations depend upon the location and size of the plaques; typical symptoms include visual loss, diplopia, nystagmus, dysarthria, weakness, paresthesias, bladder abnormalities, and mood alterations; characteristically, the symptoms show exacerbations and remissions.
patient - one who is suffering from disease, injury, abnormal state, or mental disorder.
relationship - the state of being related, associated, or connected.
relieve - to free wholly or partly from pain or discomfort, either physical or mental.
debilitating - denoting or characteristic of a morbid process that causes weakness.
medical - 1. relating to medicine or the practice of medicine. Syn: medicinal
cancer - general term for malignant neoplasms; carcinoma or sarcoma, especially the former.
neoplasm - an abnormal tissue that grows by cellular proliferation more rapidly than normal and continues to grow after the stimuli that initiated the new growth cease. Neoplasms show partial or complete lack of structural organization and functional coordination with the normal tissue, and usually form a distinct mass of tissue which may be either benign (benign tumor) or malignant (cancer). Syn: tumor (2).
carcinoma, pl. carcinomas, carcinomata (CA) - any of the various types of malignant neoplasm derived from epithelial tissue, occurring more frequently in the skin and large intestine in both sexes, the lung and prostate gland in men, and the lung and breast in women. Carcinomas are identified histologically on the basis of invasiveness and the changes that indicate anaplasia, i.e., loss of polarity of nuclei, loss of orderly maturation of cells (especially in squamous cell type), variation in the size and shape of cells, hyperchromatism of nuclei (with clumping of chromatin), and increase in the nuclear-cytoplasmic ratio. Carcinomas may be undifferentiated, or the neoplastic tissue may resemble (to varying degree) one of the types of normal epithelium.
sarcoma - a connective tissue neoplasm, usually highly malignant, formed by proliferation of mesodermal cells.
glaucoma - a disease of the eye characterized by increased intraocular pressure and excavation and atrophy of the optic nerve; produces defects in the visual field and may result in blindness.
human immunodeficiency virus (HIV) - human T-cell lymphotropic virus type III; a cytopathic retrovirus that is the etiologic agent of acquired immunodeficiency syndrome (AIDS). Syn: lymphadenopathy-associated virus.
MEDICINE denoting a response to a diagnostic maneuver or laboratory study that indicates the presence of the disease or condition tested for.
AIDS - a syndrome of the immune system characterized by opportunistic diseases, including candidiasis, Pneumocystis carinii pneumonia, oral hairy leukoplakia, herpes zoster, Kaposi sarcoma, toxoplasmosis, isosporiasis, cryptococcosis, non-Hodgkin lymphoma, and tuberculosis. The syndrome is caused by the human immunodeficiency virus (HIV-1, HIV-2), which is transmitted in body fluids (notably blood and semen) through sexual contact, sharing of contaminated needles (by IV drug abusers), accidental needle sticks, contact with contaminated blood, or transfusion of contaminated blood or blood products. Hallmark of the immunodeficiency is depletion of T4+ helper/inducer lymphocytes, primarily the result of selective tropism of the virus for the lymphocytes. Syn: acquired immunodeficiency syndrome.
hepatitis C - a viral hepatitis, usually mild but often progressing to a chronic stage; the most prevalent type of post-transfusion hepatitis, which is inflammation of the liver; usually from a viral infection, but sometimes from toxic agents.
amyotrophic lateral sclerosis (ALS) - a disease of the motor tracts of the lateral columns and anterior horns of the spinal cord, causing progressive muscular atrophy, increased reflexes, fibrillary twitching, and spastic irritability of muscles; associated with a defect in superoxide dismutase. Syn: Lou Gehrig disease, Aran-Duchenne disease, Duchenne-Aran disease, Charcot disease, progressive muscular atrophy, Cruveilhier disease.
regional enteritis chrohns disease - a chronic enteritis, of unknown cause, involving the terminal ileum and less frequently other parts of the gastrointestinal tract; characterized by patchy deep ulcers that may cause fistulas, and narrowing and thickening of the bowel by fibrosis and lymphocytic infiltration, with noncaseating tuberculoid granulomas that also may be found in regional lymph nodes; symptoms include fever, diarrhea, cramping abdominal pain, and weight loss. Syn: granulomatous enteritis, distal ileitis, Crohn disease, terminal ileitis, regional ileitis.
Alzheimer disease - progressive mental deterioration manifested by loss of memory, ability to calculate, and visual-spatial orientation; confusion; disorientation. Begins in late middle life and results in death in 5-10 years. The brain is atrophic; histologically, there is distortion of the intracellular neurofibrils (neurofibrillary tangles) and senile plaques composed of granular or filamentous argentophilic masses with an amyloid core; the most common degenerative brain disorder. Syn: primary senile dementia, presenile dementia
nail
1. one of the thin, horny, translucent plates covering the dorsal surface of the distal end of each terminal phalanx of fingers and toes. A nail consists of corpus or body, the visible part, and radix or root at the proximal end concealed under a fold of skin. The under part of the nail is formed from the stratum germinativum of the epidermis, the free surface from the stratum lucidum, the thin cuticular fold overlapping the lunula representing the stratum corneum.
2. a slender rod of metal, bone, or other solid substance, used in operations to fasten together the divided extremities of a broken bone.
Syn: onyx, unguis [TA], nail plate.
patella - the large sesamoid bone that covers the anterior surface of the knee. It is formed in the tendon of the quadriceps femoris muscle and is attached to the tibia by the patellar tendon.
treatment - medical or surgical management of a patient. See Also: therapeutics, therapy.