Quote Originally Posted by wreckinger
I am sorry sir, but your accusations are completely false regarding The Hemp and Cannabis Foundation. The medical evaluations our doctors conduct and authorizations our doctors sign are 100% completely valid and are in full compliance of every states medical marijuana law they operate in. If you read close enough to the judge's comments you would have noticed that he acknowledged the legitimacy of Dr. Eisenbuds authority to issure a medical marijuana recommendation and comended Dr. Eisenbuds evaluation stating:

"The district court also noted that although Dr. Eisenbud testified regarding defendants' legitimate need to use marijuana for medical purposes, there was no testimony regarding what was a reasonably necessary amount for defendants to possess. The district court concluded that it would simply apply the amount of two and one-half ounces and 12 plants set by § 4 as what was reasonably necessary, [*11] and it granted defendants' motion to dismiss, explaining:

"For that reason, I believe that section 8 entitles the defendants to a dismissal, even though they did not possess the valid medical card, because section 8 says if they can show the fact that a doctor believed that they were likely to receive a therapeutic benefit, and this doctor testified to that [sic]. And Dr. Eisenbud is a physician licensed by the State of Michigan. And that's the only requirement that the statute has. You don't have to be any type of physician, you just have to be a licensed physician by the State of Michigan.

So, based on that, I find section 8 does apply. And I believe I'm obligated to dismiss this matter based on section 8 of the statute.

Regarding the prosecution's request for a clarification about whether "the doctor's testimony rose to the level of a bona fide physician-patient relationship," the district court stated:

Based on his testimony, he indicated that he -- he read their medical records, he saw them, and I think his total time was about half an hour totally spent with them, which, based on my own personal experience, I don't find inconsistent with my own doctor. So I guess it's a bona fide [*12] relationship."

The judge clearly confirms that Dr. Eisenbud was licensed in Michigan at the time of their appointment and was within the scope of his authority to recommend medical marijuana for these patietns, while establishing that his medical evaluation did meet the criteria of a "bona fide physician-patient realtionship."

As Killerweed mentioned before, the prosecuting argument was weather or not the patients were legal or not because they did not physically posses the state issued license, which is a problem in every state that has a medical marijuana registry AND an affirmative defense argument set up in their MMJ law. Remember, this is not the ruling majority opinion, and the case is still in litigation.

Similar issues are happening here in Colorado where it is taking the state registry 7-8 months to issue licenses, eventhough in the law it states that the patient has to be notified within 35 days otherwise they are to be considered legal.

THCF's protocal has been investigated and approved by state regulatory authorities in 9 states. We follow a protocol developed by the Oregon Health Department and it has been investigated and found valid and meeting current acceptable standards of medical practice in in Washington, Colorado, Hawaii, Nevada, and Montana.

Furthermore, THCF stands behind and defends its patients no matter what the problem or charge may be. We are the only organization to defend patients in a DEA investigation from a grand jury subpoena. The federal court judge wrote at the end of his decision, " ... (THCF) Clinic's records represent the implementation of the State's program and are integral to the success of the program."

The Hemp and Cannabis Foundation has been helping patients obtain a medical marijuana permit nationwide since 1999, helping over 100,000 patients. Now don't you think that an organization that has been around that long and has helped so many people obtain a medical marijuana permit would be under close federal scrutiny, and if there had been any questions or investigations regarding the legitimacy of their practices, THCF would have been shut down long ago? Fact of the matter is that our organization is always up to standard and in complience with current medical marijuana laws for each and every state we operate in.
Furthermore, THCF stands behind and defends its patients no matter what the problem or charge may be.

YOU ARE SO WRONG HERE !! I HAVE IN MY POSSESSION MANY DECLARATIONS FROM THE HEAD CEO DENYING APPROX. 17 PATIENTS LAWFUL COVERAGE AFTER BUYING ONE OF THOSE FRAUDULENT DOCUMENTS THIS COURT FOUND TO BE TRULY NOT A BONA-FIDE RELATIONSHIP ..I.E. THE EXACT SAME ONES YOU THINK THAT FEDERAL CASE WAS ABOUT...I SUGGEST YOU REALLY READ THAT FEDERAL CASE..IT IS NOT WHAT IT APPEARS TO BE( no prosecutor in their right mind, with even half a brain would produce"probable cause" info. to any grand jury proceeding, this is very highly suspect...AND WILL BE SUPERSEDED AS TO THCF, NOT THE STATE...GUESS YOU MISSED THE PART ABOVE WHICH SHOWS THCF OR IT'S EMPLOYEE DOCTORS ARE NOT AMENABLE TO ANY AGENCY OVERSITE TO SHUT THEM DOWN...OR SUE THEM..., and gives out fraudulent documentation to patients,.....HELLO??
jamessr Reviewed by jamessr on . Court rules THCF clinic is a fraud Ouch, THCF does not qualify as an authorizing health care practitioner to write mmj authorizations and as it turns out even a good faith effort on the part of a patient to have an on going (more than once a year) patient relationship with THCF is not tantamount to an ongoing relationship with your health care practitioner. They have been found to provide fraudulent documentation, and now that you know you could be convicted for marijuana crimes without being able to present the statutory Rating: 5