If I'm given a prescription my a licensed MD, how can I be dragged into court?

T

TJames

Active Member
Some of these colorful threads mention an MD going to court. Let's say you have a medical condition, and have medical history to back it up. You get a certification from an MD. So far, so good.

Now let's say that MD office is investigated by the MIAG. They question your specific rationale for having a MMJ card. Let's further say that somehow, someday they feel you were given the card improperly. Whatever the specific, they proclaim you are not really eligible.

How can the patient EVER be at fault or charged? I can see the MD being in hot water, but the MD is who generated the prescription.
 
Rare D MI

Rare D MI

New Member
There is no such thing as a "prescription". They give you a certification that they agree cannabis will help your condition. The state CANNOT question a physicians opinion. The only MMJ doctor that has gotten in trouble so far in MI was dr. May like 3 years ago and it wasn't for that at all. He never renewed his license with the DEA and continued to write actual pharmaceutical prescriptions to patients.
 
T

TJames

Active Member
Certification is what I was referring to. Thanks for clarifying that. So as long as you've got a cert from an MD, it's his ass not yours.
 
Dr. Bob

Dr. Bob

Well-Known Member
I don't think they will go after patients when a doc is charged, and we have several under investigation. They might pull the records and call the patient in as a witness, and I am sure the AG is going through records as we speak on the doctors that are being looked at, but there is no way to know that until the investigation is complete and it goes to court or the medical board, or both.

The time the patient has an issue is if they are charged and the prosecution tries to pierce the defense of the card, or the patient violated section 4 and is trying to mount a section 8 defense. I have personal knowledge this is occurring, and it follows the recommendation of the AG to examine the dr/pt relationship after they lost the ability to nullify the section 8 defense if section 4 was violated. The other case is when a patient wants to use MMJ on parole, sometimes the doctor has to go to court to justify the use. I've been involved in those as well.

In order to invalidate the cards from a bad doc, they would have to address case by case. They will more than likely just let the cards expire unless the patient themselves comes to the attention of the court.

Dr. Bob
 
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