THC-Foundation or American Heritage?

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Originally Posted by Club420

All you really need is a note in your charts from your regular doctor.

From RCW 69.51A.010



That's ALL your doctor has to do: advise you in writing in your medical charts.

Save yourself $200.

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That may be true from a legal standpoint, when using the medical marijuana law as an affirmative defense in court, but many (most?) people feel more comfortable having a standardized form on hand at all times that is familiar to law enforcement and which clearly displays the intent and signature of the physician.

All of which may be moot now that the WA Supreme Court ruled yesterday that a doctor's recommendation, in whatever form, does not prohibit LEO from searching and arresting a medical marijuana patient. They apparently have decided that the law as written only provides an affirmative defense for the patient once they reach a court, but provides no legal defense until that point.

i go to thcf in cali

Quote:

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Originally Posted by mugenbao

All of which may be moot now that the WA Supreme Court ruled yesterday that a doctor's recommendation, in whatever form, does not prohibit LEO from searching and arresting a medical marijuana patient. They apparently have decided that the law as written only provides an affirmative defense for the patient once they reach a court, but provides no legal defense until that point.

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Ya gotta love how they can twist black into white and day into night... freaking lawyers and politicians... GRRRRRRR....

These lawmakers are really making it difficult for us patients. I seen my primary care doctor again today. Like i said earlier, she could not write me a reccomendation as she is a Multi-Care Doctor, and Multicare wil not allow those to be written by thier physicians, but she noted in my charts that:

Inderol La does not help with pain,

Relpak triggers patients anxiety and did not help with pain,

Tried Topomax w/o relief

"Patient uses Marijuana with relief of pain, patient will be recieving his marijuana authorization from another doctor, and would like to continue this route for relief of his chronic condition. Marijuana may also help with his anxiety"

I thought this was very proffessional of her. She supports my MMJ use and is happy that i found a place who will authorize me.

Quote:

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Originally Posted by Telurmomisaidhi

These lawmakers are really making it difficult for us patients. I seen my primary care doctor again today. Like i said earlier, she could not write me a reccomendation as she is a Multi-Care Doctor, and Multicare wil not allow those to be written by thier physicians, but she noted in my charts that:

Inderol La does not help with pain,

Relpak triggers patients anxiety and did not help with pain,

Tried Topomax w/o relief

"Patient uses Marijuana with relief of pain, patient will be recieving his marijuana authorization from another doctor, and would like to continue this route for relief of his chronic condition. Marijuana may also help with his anxiety"

I thought this was very proffessional of her. She supports my MMJ use and is happy that i found a place who will authorize me.

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These last words in your medical file will come to harm you just as it did jason fry case that was just heard by our supreme ct......mj MAY also help with his anxiety !! NOTE: this condition is not covered and needs to not be in your medical records....also note: the court just ruled pain must be shown to have been not alleviated by standard treatments. So the words need to be specific or we as patients are burnt.

Now div. 2 in state v. otis ruled that the words in one's medical file i.e. CHART NOTES that doesn't have a PAPER documented authorization must just have simple words and not hyper technical words. OTIS's case got remanded for a new trial.

Just something to think about for your safety.

I respectfully disagree with Mr. Northend club420.

It is my understanding that you need to have a written authorization to show LEO if you are traveling with mmj.

If LEO visits your grow you should have your authorization posted.

The written authorization is not a "get out of jail free card". It will prove to a

"sensible" law enforcement officer that you are complying with state law.

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Originally Posted by doctortree

I respectfully disagree with Mr. Northend club420.

It is my understanding that you need to have a written authorization to show LEO if you are traveling with mmj.

If LEO visits your grow you should have your authorization posted.

The written authorization is not a "get out of jail free card". It will prove to a

"sensible" law enforcement officer that you are complying with state law.

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Read state v. OTIS. The appeals ct. div 2 clearly stated exactly what Mr. northendclub420 states. Also read the statute, it says clearly either authorization or medical records. It is LEO whom is not reading the laws nor listening to our courts. GO FIGURE.

Doctortree,

Here is the OTIS case located in the legal section and what the court case established about the authorization issue.


WA(6)[6] Controlled Substances â?? Marijuana â?? Medical Use Act â?? Affirmative Defense â?? â??Valid Documentationâ?� â?? Averment of Benefits Outweighing Risks â?? Sufficiency â?? Test. The valid documentation required by former RCW 69.51A.040(4)(c) (1999) and defined by former RCW 69.51A.010(5)(a) (1999) to establish the medical marijuana primary caregiver defense to a marijuana-related charge may be satisfied by a physician's statement that, by a fair reading, generally conveys the physician's professional opinion that the benefits of a qualifying patient's medical use of marijuana outweigh the risks to the patient. The statutory scheme does not necessarily require â??valid documentationâ?� to contain the exact language set forth in former RCW 69.51A.010(5)(a).

Also the court explains in detail about the medical records info. must contain, verses having an authorization handy for LEO. I do realize this is a caregiver case but, the lingo is established in this case.

Despite the fact that i have anxiety, i have a qualifying condition other than migraine which is documented within those notes.

Anyways, i finaly got authorized by American Heritage today. It was just a bunch of paper work, then i seen the doc. He was very old and kinda esentric, but he got the job done.

Only down side is that i have to go back to get another card. Its not required, but i figure the more official you look, the better the chances of not being arrested for anything that a mmj patient can do.

The cards are nice but just kind of a waste. Inever did get mine from THCF. Just keep a copy of your signed authorization form in your wallet and your good.
The impostant thing to remember is you can have all the documentation in the world and you still may be hassled by LEO. Just understand your rights.