cannabisnews.com: Psychiatrist's License May Be Revoked





Psychiatrist's License May Be Revoked
Posted by CN Staff on July 12, 2003 at 07:58:49 PT
By Josh Richman, Staff Writer
Source: Alameda Times-Star 
Oakland -- Lawyers argued Friday over whether the state should be allowed to continue its attempt to revoke the medical license of a Berkeley psychiatrist who has recommended marijuana to thousands of patients. Administrative Law Judge Jonathan Lew said he'll issue a written proposed ruling within about three weeks, which will then be submitted for the Medical Board of California's consideration. 
Lawyers for Dr. Tod Mikuriya, 70, say the state is on an anti-marijuana witchhunt against him, but he's protected by broad immunity granted to physicians by the state's medical marijuana law. They want Lew to dismiss the case before it goes to a full hearing in September. Lawyers for the state claim marijuana has nothing to do with this case -- they claim Mikuriya should be disciplined because he has advised patients on treatment without properly examining them, reviewing their histories and adhering to other basic standards of care that all doctors must honor. Mikuriya has researched and advocated medical marijuana use for decades, and has served in various local and state advisory posts, including that of medical coordinator for the Oakland Cannabis Buyers Cooperative. He says he has given more than 7,300 patients his written approval to use marijuana as medicine. He claims about a quarter of those patients suffer chronic pain, about a quarter suffer spasticity -- muscle contraction caused by spinal or brain injuries, multiple sclerosis, cerebral palsy or other ailments -- and about a quarter suffer various mental disorders. He says he has recommended marijuana to other patients as a substitute for alcohol, as an appetite stimulant or to reduce body temperature. The state wants his license revoked because of his alleged failure in 16 medical marijuana cases "to examine the patient, to obtain a history, to perform an appropriate workup of the patient's symptoms and findings, or to follow up with or monitor the patients," according to a brief the Attorney General's office filed July 3. "The accusation in no way seeks to punish or otherwise sanction Dr. Mikuriya for having recommended marijuana," the brief said. "The fact that marijuana happened to be the drug in question is quite irrelevant to the charges." California's medical marijuana law offers no immunity to the standards and regulations generally applied to all doctors, the brief argued. "If a physician abdicates these fundamental responsibilities, he becomes nothing more than a shady businessman with a prescription pad," it said. But Mikuriya's motion to dismiss the case argues the law grants broad immunity, stating "no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes." And because marijuana isn't "prescribed" like federally permitted drugs, other standards don't apply to its recommendation. Mikuriya's hearing capped a busy eight days on the medical marijuana front. Federal prosecutors filed notice July 3 that they'll appeal a judge's sentencing of Ed Rosenthal -- a noted marijuana activist and author from Oakland who was convicted in January of three marijuana cultivation felonies -- to only one day of jail time he'd already served. Prosecutors wanted him put behind bars for about six and a half years. Rosenthal plans to appeal, too, wanting his convictions overturned. On Monday, the White House drug czar's office petitioned the U.S. Supreme Court to review and overturn a 9th U.S. Circuit Court of Appeals' ruling supporting doctors' right to openly discuss or recommend marijuana as treatment without facing federal investigation and action to revoke their licenses. Also Monday, a federal judge in San Jose held a hearing on a lawsuit filed by the city and county of Santa Cruz and patients from the Wo/Men's Alliance for Medical Marijuana seeking to stop federal raids on medical marijuana cooperatives. WAMM, near Davenport, was raided last September; its plants were destroyed, but no criminal charges were filed. The judge has not yet ruled on the plaintiffs' request for an injunction to halt such raids.Note: Judge to submit ruling on medical pot issue within three weeks.Source: Alameda Times-Star (CA) Author: Josh Richman, Staff WriterPublished: Saturday, July 12, 2003 Copyright: 2003 MediaNews Group, Inc. Website: http://www.timesstar.com/Contact: triblet angnewspapers.com Related Articles & Web Sites:WAMMhttp://www.wamm.org/Tod H. Mikuriya, M.D.http://www.mikuriya.com/Pot Doctor's License In Jeopardyhttp://cannabisnews.com/news/thread16838.shtmlBush Wants Marijuana Ruling Struck Downhttp://cannabisnews.com/news/thread16834.shtmlJudge Seeks Help From Pot Advocateshttp://cannabisnews.com/news/thread16779.shtmlFeds Begin Appeal Process In Rosenthal Case http://cannabisnews.com/news/thread16775.shtml
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Comment #3 posted by michael on July 13, 2003 at 08:20:02 PT:
Oregon's Dr Leveque
  They are doing to Dr. Mikuriya what they did to Dr. Leveque in Oregon. Saying the marijuana is not the issue at all. LIARS!!! Dr Leveque by the way was an incredible expert witness in my sons trial. He made the local asst D.A. look very foolish. Ya, we won:-) 
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Comment #2 posted by ekim on July 12, 2003 at 18:57:36 PT
Judges Act would repeal parts of Feeney Amendment
This info was brought to my attention by the Families Against Mandatory Minimums-FAMM.org 
I wonder if this Feeney Amendment stands if the sentence that was given to Ed. could be given again. The Democrats have the High Ground the moment must be seized.Like the bidden amendment that was slid in the Amber Alert law the Feeney meany also was slipped in. Sen Kennedy D Mass. introduced S.1086 the Judicial Use of Discretion to Guarantee Equity in Sentencing Act of 2003. ( Judges Act) a few days later Rep. John Conyers D. MI. introduced H.R. 2213 an identical bill in the House.
 
The Judges Act would repeal those aspects of Rep.Feeney R. Fla. (Protect Act) that severely restrict judicial discretion, and require the U.S. Sentencing Commission to review judicial discretion. It would repeal a number of troubling aspects of the new law, including the order that the commission amend the guidelines in a why that will"substantially reduce" the incidence of departures. Please write your Senator or Congressman and ask them to support the JUDGES ACT. Second the Sentencing Commission needs to know how much the public values judicial discretion. Imprortantly, they need to know why the steps they take to review and amend the guidelines must be done in a way that preserves judicial discretion. To contact the Sentencing Commission -- The Honorable Diana E. Murphy , Chair United States Sentencing Commission. One Columbus Circle, N.E. Washtington, D.C. 20002-8002 
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Comment #1 posted by afterburner on July 12, 2003 at 08:19:19 PT:
What Do Psychiatrists Know? They Study the Mind!
"Nixon's conspiracy theories didn't only center around dope-pushing commies, he also suspected Jewish psychiatrists. 'You know it's a funny thing,' Nixon told Haldemann, 'every one of the bastards that are out for legalizing marijuana is Jewish. What the Christ is the matter with the Jews, Bob? What is the matter with them? I suppose it's because most of them are psychiatrists.'"
Nixon the narc 
by Dana Larsen (12 Sept, 2002)http://www.cannabisculture.com/articles/2500.htmlego transcendence follows ego destruction, healing the mind-body split.
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