cannabisnews.com: Marijuana Users Question Legality of Latest Policy Marijuana Users Question Legality of Latest Policy Posted by FoM on August 27, 2001 at 17:15:15 PT By Gillian Flaccus, Associated Press Writer Source: Associated Press Medical marijuana users and the American Civil Liberties Union on Monday questioned the legality of new state guidelines for patients who want to use the drug for certain illnesses. Protesters gathered in front of the Oregon Department of Human Services said the state's latest attempt to review 800 patients' medical records violates doctor-patient confidentiality and unfairly targets on physician. They also say the law has forced sick people to wait months for medicine that could alleviate their suffering. Dr. Philip Leveque has signed more applications for medical marijuana than any other doctor under Oregon's 2-year-old medical marijuana law -- about 935, or 40 percent of the 2,351 that have been approved. He has signed off on marijuana applications after reviewing faxed medical records or talking to patients by phone. In response to Leveque's practices, the state Board of Medical Examiners on Aug. 10 said doctors who sign the applications must maintain up-to-date medical files on each patient, perform a physical exam and create a treatment plan. The DHS asked the Molalla physician for medical records to verify Leveque had done so for his 801 patients. Leveque refused to provide the records, saying that would violate doctor-patient confidentiality Now, the DHS is asking Leveque's patients to waive their privacy rights directly. Patients who refuse will not be approved for medical marijuana, said Dr. Grant Higginson, DHS state health officer. About 900 Leveque patients who are already approved for the program will not have to provide their medical records to remain in the program, he said. "We're not trying to become more stringent and make things harder for patients. We are trying to make sure that people are complying with the law," he said. "We feel we need to see those records in order to make a determination." Many of Leveque's patients said they went to Leveque because their main doctors refused to sign the applications. "Because he's devoted the rest of his life to help people who need medical marijuana, he's being targeted. They're holding up 800 applications because Leveque has put himself out there basically as a patriot," said Pamela Snowhite-Day, a protester who smokes marijuana every 45 minutes to calm her multiple sclerosis and degenerative spine disease. David Fidanque, spokesman for the Oregon ACLU, said his organization is researching the legality of the state's latest move, but has not decided on a course of action. "There's really no indication that I am aware of that Dr. Leveque has acted improperly. There are suspicions on the part of the health department, but I don't think there's any hard evidence," he said. Fidanque said a state review of patient records could jeopardize doctors that signed off on the marijuana applications. It is illegal for a physician to facilitate or encourage a patient to use a federally controlled substance, he said. "If there were notes in the patient file like 'Discussed marijuana, notified patient that marijuana would be helpful,' that could conceivably be more likely to get the doctor in trouble," Fidanque said. The new regulations could make already-skittish physicians even more wary of signing a medical marijuana form, he said. "The more the government goes on a fishing expedition into the confidential files of doctors, the more risk there is to doctors of running afoul of federal law," he said. "We are very concerned." Higginson said the state will use the records to establish a legitimate patient-doctor relationship and nothing more. "We only will review a file if there is a reason to believe that there may not be a legitimate relationship," he said. "If we were subpoenaed by (the federal government), than we would fight that very strongly." Complete Title: Medical Marijuana Users Question Legality of State's Latest Policy Source: Associated PressAuthor: Gillian Flaccus, Associated Press WriterPublished: Monday, August 27, 2001 Copyright: 2001 Associated Press Related Articles & Web Sites:ACLUhttp://www.aclu.orgMedicinal Cannabis Research Linkshttp://freedomtoexhale.com/research.htmState, Doctor Clash Over Medical Marijuanahttp://cannabisnews.com/news/thread10722.shtmlOregon Stiffens Medical-Marijuana Rules http://cannabisnews.com/news/thread10587.shtml Home Comment Email Register Recent Comments Help Comment #2 posted by tdm on September 11, 2001 at 05:09:05 PT Daniel... I'm glad to see your taking an interest in the topic. Is this a school project? I have two suggestions:1) Scroll to the top of this page and click on the icon of the red cross with the marijuana leaf superimposed. That wil take you to a list of every medical mj article posted at Cannabis News. Not only are the articles themselves useful as a starting point (though many are propaganda pieces), the comments by informed and intelligent forum participants will provide excellent material for presenting both sides of the debate (if that is your intent). Which brings me to suggestion #2.2) There is a doctor who regularly participates here (Ethan Russo, MD) who began publishing the "Journal of Cannabis Therapeutics" in February of this year. Not only would I try to locate copies of the journal (the link at the bottom of this post might help), I would read every post of Dr. Russo's (just type russo into the search box on the home page) and track down any reference material he discusses. You might even try contacting him. He'll do a much better job than I at pointing you to good material.I hope this gives you at least a place to start. Best of luck.******[Has anyone heard from Dr. Russo? Haven't seen him post here in a while.] Journal Info [ Post Comment ] Comment #1 posted by Daniel on September 11, 2001 at 03:58:35 PT: could you help me Colud you help me im doing a project on the Legalisation of cannabis for medical use. I was wondering if you can send me some info on the subject and what it can and cant do for patients. Thank you [ Post Comment ] Post Comment