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I just received, 75 days after sending in my application by registered mail, a rejection letter from the state saying the Dr. the MMJ Center hooked me up with has sanctions on her license and can not recommend MMJ.
I started to grow my medicine at 35 days post app. mailing.
I have A.I.D.S. and have now been made an outlaw. Nice.
Now what do I do? Start over? Kill my medicine?
Allen
grow it like yo have been dude.you started without "permission" mine as well as finish just dont tell ppl keep the smell hidden and your mouth shut...harvest then be happy.
if it was over 35 days, you ARE legal so keep growing!
go get another rec and send it in ASAP because that's the easiest thing to do, anyway.
as long as the Doc is a Doc, the rec will still hold up in court. The registry is NOT a requirement of of constitution.
ALL you need is a pre-existing recontamination from a doc.
they failed to give you notice before 35 days so you are automatically approved. have an attorney write up a demand letter saying you are legal if you want to fight it.
or just get another rec.
i would love to see someone kick them in the pants for this bullshit.
What's the doctors name
1) The reality is that your are in little danger of criminal prosecution. Keep a copy of your AIDS medical paperwork near the marijuana in the event the police come after you. Which they won't if you're growing and medicating at home and not taking it out of the home.
2) Get another doctor recommendation, and file again. Yes, you're out the other doctor's fee, but such is life.
3) Stay positive! Don't let bureaucratic nonsense get you down. It's not personal and your optimistic attitude is all that matters. Stay up, stay happy, and do whatever you feel helps you.
Basically what everyone else said.
Keep growing but keep it on the down-low...
Keep copies of your diagnosis & medical records.
Keep copies of your original paperwork (personally I would "lose" the rejection letter)
Go get another Dr rec.
Re-file, there shouldn't be any reason why you could re-file immediately with a proper Dr rec.
Please share who the Dr is as this is the kind of info other patients need to know. There have been plenty of scams out there. I would also contact the MMC, let them know, and contact the Dr office as you paid for a rec when that Dr is unable to do so. Maybe you could get a refund or at least some compensation of sorts.
Did the letter give any way to "look-up" if a Dr has sanctions on them?
Quote:
Originally Posted by ThaiBuddhaMan
This has all been great advise and support and I thank you.
The rejection letter did not give a way to "look-up" if a Dr. has sanctions on them but here is a link I've been given post receipt: HealthGrades > Find a Doctor | Doctor Reviews | Hospital Ratings
I think I'll sit for a minute on the Dr.'s name and that of the MMC while I think about what to do. :chainsaw::Tomcat:
Thanks for your help and advice.
Allen
I wouldn't pause on posting the doctor's name. Some of these doctors write thousands of rec's. We need to know if a patient's rec is going to be valid or not. The doctor wrote the bad rec knowing that it would not be valid?
Technically, at this instant in time you may not be legal. If the doctor is sanctioned, then the rec may not be valid. I would get another doctor rec tomorrow. Although you may survive a court experience, cultivation is a felony and even if you beat it, the arrest never leaves your record.
Making it past the 35 days without rejection does not mean you remain legal. If they reject you after that point you are invalid from the point when you receive the notice. I highlighted in bold the wording that indicates 35 days does not provide immunity.
(d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied.
I may be sour grapes, but I believe that at this point you don't even have a valid affirmative defense for felony cultivation.
As soon as you get a new dr's rec, at least you have a very well founded affirmative defense until your 35 days elapses again or you get your card.
Get you moola back on that bogus one too!
I would agree with SoCoMMJ. It's in your best interest to get a new Dr rec asap if you're going to continue to grow or medicate.