cannabisnews.com: Doctor Can Still Write Marijuana Recommendations





Doctor Can Still Write Marijuana Recommendations
Posted by CN Staff on January 29, 2003 at 12:43:31 PT
By Ken Paglia, Staff Writer
Source: Mountain Democrat 
When Dr. Marion P. Fry had her Drug Enforcement Administration registration revoked late last year, some wondered if her ability to practice would be limited. Others said she might be out of business completely.Fry, 42, writes medical marijuana recommendations for patients who wish to qualify under Proposition 215 to use the substance for treatment purposes. She and her husband, attorney Dale Schafer, 48, run the California Medical Research Center in Cool.
It turns out that while Fry can no longer write prescriptions for other narcotics, her ability to write medical marijuana recommendations is not threatened by the DEA's actions. A DEA registration allows physicians to prescribe schedules II-IV controlled substances, like codeine, methadone and anabolic steroids.Marijuana is a schedule I controlled substance, according to the DEA, due to its high potential for abuse, and lack of accepted medical use. But because marijuana is a schedule I substance, it can't be prescribed. Consequently, Fry's possession of a DEA registration, or lack thereof, has no bearing on her ability to recommend medical marijuana.Both state and federal officials previously stated that a doctor could no longer write recommendations for marijuana if his or her DEA registration were revoked.The Mountain Democrat has since learned this to be untrue."Revocation of a DEA registration would not affect a physician's ability to recommend medical marijuana as long as the physician recommends marijuana in the same manner as he or she would any other prescribable drug," said Candice Cohen, from the State Medical Board, the entity that licenses physicians.A representative from the DEA's office issued a similar statement.A doctor's ability to recommend marijuana stems from Proposition 215, passed by California voters in 1996. The initiative allows patients to lawfully use marijuana with a doctor's recommendation.Other states that have passed similar laws include Alaska, Colorado, Hawaii, Maine, Nevada, Oregon and Washington.Under Proposition 215, patients cannot be prosecuted under state law for possessing or cultivating marijuana for medical purposes. Proposition 215 also protects doctors who write recommendations, like Marion Fry, from being criminally punished under state law.Doctors can be punished under federal law, however, if they help patients obtain marijuana, or conspire with patients to violate federal drug laws.That is what the federal government accused Fry and Schafer of doing. In a December report, the DEA alleges that Fry and Schafer referred patients to other marijuana dealers, and sold "pot growing kits," a federal violation because it is illegal to sell drugs.In 2001 the DEA raided CMRC and seized nearly 5,000 patient records. A federal judge later ruled that the records were not protected by attorney-client privilege and could remain in police hands for investigation.The investigation prompted the DEA to revoke Fry's DEA registration in December."The conduct of Dr. Fry and Mr. Schafer bears no resemblance to a legitimate medical practice. Rather, it is more suggestive of persons obtaining marijuana for personal use ... and engaging in the sale of drugs," states a DEA report.Fry and Schafer provide medical/legal consultations for patients wishing to obtain medical marijuana. Fry writes recommendations and Schafer advises clients of the legal implications of medical marijuana.The DEA also alleges that Fry issued recommendations without giving clients sufficient medical examinations, or sufficiently reviewing medical records.Fry and Schafer deny the allegations, and no criminal charges against either of them have been announced."Everything we did was in good faith compliance with California's medical cannabis law and in cooperation with the sheriff and district attorney," states Dale Schafer in a letter to the Mountain Democrat.Schafer was himself a candidate for DA in the 2002 primary.Fry is a breast cancer survivor and has used marijuana to treat chemo therapy-induced nausea, and several other ailments.The raid of CMRC marked the first time federal agents targeted a state medical marijuana facility since the passage of Prop. 215 in 1996. In 2001 the Supreme Court ruled it was a violation of federal drug laws for medical marijuana clubs to distribute the drug. Since then the DEA has raided several "pot clubs" under that ruling.The issue mirrors a larger conflict that puts state's rights at odds with the federal government's strict stance on drugs.States like California say they are constitutionally granted the power to regulate medicine, and so should be able to enforce their own laws pertaining to marijuana. The federal government argues that laws that help patients obtain marijuana, even for treatment purposes, make it difficult to enforce federal drug laws.Complete Title: Pot Doctor Can Still Write Marijuana Recommendations Source: Mountain Democrat (CA)Author: Ken Paglia, Staff WriterPublished: January 29, 2003Copyright: 2003 Mountain DemocratContact: plakey mtdemocrat.netWebsite: http://www.mtdemocrat.com/Related Articles & Web Site:Medical Marijuana Information Linkshttp://freedomtoexhale.com/medical.htmPot Rx Doc Loses DEA Recognitionhttp://cannabisnews.com/news/thread15263.shtml County Works on Medical Pot Ruleshttp://cannabisnews.com/news/thread13193.shtml
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Comment #7 posted by MOTAVATION on August 26, 2003 at 12:27:42 PT:
High
Good, she should be a MJ doctor only!:) other narcotics are bad! :) hows the circle doing? my cannabis friend MD mentioned it but I never was able to get in touch last year. What will all the patient's 5k of CMRC patients' do for pot? or 
FLORA care patients :( sad story! We must get efforts and support for a new approach to this community besides the traditional club style.
Maybe a community center for card services, info, education, and more..Although MAIN POINT Not a club, no pot sales! It would allow many patients to work together and help eachother!
EMAIL MOTAVATION! 
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Comment #6 posted by 420toker on January 30, 2003 at 07:45:16 PT
So they are saying marijuana does have medical val
The DEA also alleges that Fry issued recommendations without giving clients sufficient medical examinations, or sufficiently reviewing medical records.So please tell me how thorough an examination should they need, and as the law states states it there is no medical reason to recomend it yet the DEA seems to be sugesting there is one.
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Comment #5 posted by The GCW on January 29, 2003 at 19:07:01 PT
As it says You can not serve 2 masters...
And one master says He gave Us all the green seed bearing plants on the 1st page of the Bible.The other master says cannabis is to be despised, and it should be exterminated...It seems Dr. Fry serves the Great Eternal Master and those who serve the other master serve the man of lawlessness.Pity.And pray for those who serve the evil master.If You are a hopeless soul serving the evil master, pray for the promised Holy Spirit of Truth, to help You know the Truth as He wishes for You to know it.
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Comment #4 posted by The C-I-R-C-L-E on January 29, 2003 at 17:32:02 PT
Jesus picture
Dr. Fry is an outspoken Christian and believes her battle is her own to fight because she was chosen to do this spiritually.God is mentioned in her discussions, oftentimes to the chagrin of others. Talk about a dangerous lady with nothing to lose!Fascinating about the irony of being forced to now only recommend cannabis and not pharmaceuticals! Good point!
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Comment #3 posted by The GCW on January 29, 2003 at 16:45:52 PT
this is a new twist... + the Jesus picture...
Not being able to write a prescription for the deadly drugs and only able to suggest the natural... and the evil...Used to be that You could only write prescriptions for the deadly drugs and not mention cannabis... now You can not prescribe the deadly drugs all of which cause death as a pototential side effect... and can only mention cannabis if You mention the other...THERE COULD BE A MARKET FOR SUCH EARTHLY CORRECT DOCTOR.And then once YOu decide to purchase the drugs YOu should be able to get them with out priscription, and then from Canada or Mexico so to be cost effectiv.?More loss of American jobs...?+Isn't that a Jesus picture in the backround of the second photo from that link... that The CIRCLE put up in #1?Jesus IS alive.
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Comment #2 posted by the C-I-R-C-L-E on January 29, 2003 at 15:36:41 PT
Here's the CNews linkage...
One of the links to the story of the local DA's sudden interest in MMJ is at the end of the article above, titled "County Works On Medical Pot Rules". The other earlier news blip on DA Lacy high-tailing it to MMJ meetings is below.In the link below, notice the same 3 lbs/99 plants /100 sq ft guidelines being proposed by Dale that are being discussed in Humboldt right now on another CNews article...part of a statewide effort.
http://cannabisnews.com/news/thread13043.shtml
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Comment #1 posted by The C-I-R-C-L-E on January 29, 2003 at 15:29:11 PT
For the best telling of this story, see link below
The link is to the Sacramento News & Review, the free weekly alternative newspaper in the CA state capital. Dr Fry is a wonderful person, with her practice about an hour from Sacramento.Please check out the link, read the article and look at the pictures of Mollie and Dale. They've been railroaded. Half the legal cannabis users in my area used to go see her for their MMJ recommendations. Now, with her records at the DEA, she's mostly shunned out of fear. The feds tactic seemed to work: no charges but wreck their life."Coincidentally," Dale was running for local District Attorney against the non-pot friendly DA at the time of the raid. DEA normally do not come into a county without first talking to local law enforcement, i.e. the DA. HMMMmmm...(The silver lining: the election law states that during the March primary, before the actual November election, if the top DA candidate wins by enough votes, then they automatically get the office without a November vote. In the March 2002 primary, Dale came in third with a small amount of die-hard cannabis voters and the incumbent came in first. BUT the guy in second place came close enough in votes to force a run-off election in November. The hitch? Had either of the two main vote getters received Dale's cannabis votes, they would have had enough votes to win outright. IMMEDIATELY after the primary, the incumbent DA suddenly became interested in the medical cannabis voters and began meeting with them and stretching the guidelines to win their vote before November! Suddenly medical cannabis use became important to him. He did win this past election and cannabis got it's input. See, it's really about votes with some of these people. They just have to see that we matter...I think his name is Gary Lacy and he has CNews stuff on him.)
http://www.newsreview.com/issues/sacto/2001-11-29/cover.asp
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