cannabisnews.com: Mikuriya's Motion Denied










  Mikuriya's Motion Denied

Posted by CN Staff on August 06, 2003 at 10:51:30 PT
By Fred Gardner 
Source: Anderson Valley Advertiser  

Administrative Law Judge Jonathan Lew has rejected a motion to dismiss the state Medical Board's case against Tod Mikuriya. The Berkeley psychiatrist, who has approved cannabis use by some 7,500 patients in recent years, will have to defend his handling of 17 cases at a hearing that's scheduled to start Sept. 3 in Oakland. According to Mikuriya, all the patients involved have benefited from cannabis use, and none have reported adverse effects.
In case you've just joined us, the Medical Board of California is the state agency that issues licenses to physicians -and can revoke or suspend them. Mikuriya, who will turn 70 next month, not only approves cannabis use by patients, he has devoted his whole career to studying its applications. In 1995-96 he was medical advisor to the organizers of the Prop 215 campaign. When it passed into law and Drug Czar Barry McCaffrey warned California doctors not to recommend marijuana, he specifically ridiculed Mikuriya's claims as to its versatility and usefulness in a wide range of conditions.Following a lengthy investigation in which the Board subpoenaed files that the patients involved did not want to provide, Mikuriya was accused of "unprofessional conduct" and "gross negligence" based on his allegedly inadequate records, superficial examinations, lack of follow-up, etc. Mikuriya's lawyers filed a motion to dismiss the accusation, relying heavily on the argument that Prop 215 conferred "absolute immunity" on doctors who recommend marijuana. They cited the law created by 215, which states, "Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes."Judge Lew, in a ruling issued Aug. 4, distinguished between a recommendation to use marijuana and the process by which the doctor decides to issue the recommendation. A doctor can't be punished for making the recommendation, according to Lew, but can be punished for failing to take certain steps in arriving at the decision."The immunity afforded physicians under Health and Safety Code section 11362.5 appears to be conditional," wrote Lew. "It is presumed that physicians who recommend marijuana under the Act will follow accepted medical practice standards and make good faith recommendations based on honest medical judgments. Complainant [The Attorney General, on behalf of the Medical Board] correctly notes that to hold otherwise and to extend absolute immunity to physicians would allow them to simply issue recommendations without the exercise of sound medical judgment and with no oversight."The "absolute immunity" argument has always seemed problematic to your correspondent. Let's say a 37-year-old man in generally good physical health who had been using cannabis for chronic anxiety tells the doctor from whom he hopes to get a letter of approval that he's had a painful stomach ache for the past eight hours. Isn't the doctor obligated to advise him -after ruling out food poisoning and other possible causes- that there's a chance it could be acute appendicitis? The doctor should also suggest a treatment plan, i.e., if the pain doesn't abate by a certain time, he should visit his regular doctor or an emergency room? A doctor with absolute immunity could fail to take these steps and yet would bear no responsibility if the patient winds up near death, poisoned by a burst appendix. Common sense tells us that wouldn't be right.Lew's decision re "absolute immunity" came as bad news to Mikuriya -there'll be more precious days spent in the courtroom, tremendous expense, the constant looming fear of forced retirement if he loses. But it sets the stage for a courtroom fight in which evidence as to the safety and efficacy of cannabis can be introduced. As Lew himself put it, "The applicable standard of practice in this case will be established by expert testimony." If that testimony is science-based, Mikuriya gets exonerated. The Additional Complaint At a July 11 settlement conference, Mikuriya was told that if he did not accept the AG's offer on behalf of the Board -multiple insults including seven years probation, remedial training, another doctor monitoring his practice, and fines in excess of $30,000- they would add a charge stemming from his treatment of an undercover officer in January of this year. Mikuriya declined the deal and the Attorney General's office kept its word. As Mikuriya tells it, "A man I now know to be Detective Steve Gossett of the Sonoma County Task Force infiltrated a clinic in Oakland [organized by a third party]. He presented fraudulent I.D. as 'Scott Burris' and made deceptive statements on his intake form and to me about recurrent shoulder pain, which he said was relieved by cannabis. I recommended physical therapy and advised him to vaporize instead of smoking." Mikuriya hopes that the upcoming hearing will give his lawyers an opportunity to find out who sicced Detective Gossett on him, and why. "I have been targeted by a coven of criminals acting under color of authority," says Mikuriya. "I want to figure out their organizational chart." Board Stiffed by StaffAt its Aug. 1 meeting, the Medical Board was supposed to hear a report from the head of its Enforcement Division confirming or denying a serious charge leveled by pro-cannabis physicians who had been investigated by the Board. The docs -three of whom were in attendance- had charged that ALL the complaints subjecting them to costly, frightening, demeaning, time-consuming investigations had come from law enforcement, and that none of the complaints even alleged that they had caused harm to a patient.At the previous meeting of the MBC, held in Sacramento in May, Chief Investigator Dave Thornton had reassured the Board that complaints against the pro-cannabis docs had NOT come exclusively from law enforcement. (The only exception Thornton said he could recall was "a complaint from a parent.") Thornton was directed to review the relevant files and report back. Only nine or 10 doctors had been investigated in connection with marijuana recommendations, according to Thornton, so it was a finite task.Thornton didn't remind the Board in May that he would be retired by August. So it was the new Chief, Joan Jerzak, who testified Aug. 1 that the report promised by her predecessor was not available. Steve Alexander, a non-MD member of the Board, tried to impress the significance of the report on Jerzak. She promised to have it by the November meeting. Go FigureTwo recent decisions by the Board highlight the inconsistency of their charging policy.At the end of May, Mike Alcalay, MD, got a one-sentence notice that he would not be charged. The Board had investigated his treatment of an eight-year-old boy whose uncontrollable, violent behavior was about to result in his removal to a residential treatment center. Alcalay wrote a recommendation for cannabis based on a review of the boy's medical records plus many hours of phone contact with the mother -but no face-to-face interview with the boy.On July 25 Frank Lucido, MD, learned that the Board's case against him was being forwarded to the Attorney General for possible prosecution. Lucido's patient was a 16-year-old (almost 17) whose "hyperactivity disorder" had been treated unsuccessfully with Ritalin, Prozac, Lithium and other pharmaceuticals, which either didn't work or caused unacceptable side effects. Lucido, after a face-to-face examination, recommended cannabis, which enabled the young man to attend school, get excellent grades, and to hold down a part-time job.The Ballad of Grinspoon and GuySativa is a pretty plantIt grows tall and greenWith 68 cannabinoidsAnd the spicy-sweet terpenesGuy says I can market thisI'll put it in a sprayGrinspoon says let's grow our ownWhy should people have to pay?Guy says some prefer it neatAnd some don't like the highGrinspoon says the governmentWon't even let 'em tryEuphoria's a side effectCould do a lot of goodGuys says I'm all for ya, pleaseDon't let me be misunderstoodWe're dealing with a system thatIs not about to changeGrinspoon says why notReinvent the grange?And let a thousand farmers growEvery helpful strain...Guy says my approval wasn't easyOr cheap to almost obtainSativex is a useful drugIt bears the Bayer crossGrinspoon shakes the bottleWith a subtle sense of loss"You're right from your sideAnd I am right from mineWe're just one too many morningsAnd a thousand miles behind..."Source: Anderson Valley Advertiser (CA)Author: Fred GardnerPublished: Wednesday, August 6, 2003Copyright: 2003 Anderson Valley AdvertiserContact: ava pacific.netWebsite: http://www.theava.com/Related Articles & Web Site:Tod H. Mikuriya, M.D.http://www.mikuriya.com/An Update From Geoffrey Guyhttp://cannabisnews.com/news/thread16944.shtmlRevenge Of The Narcs -- The Never-Ending Sagahttp://cannabisnews.com/news/thread16878.shtmlPsychiatrist's License May Be Revokedhttp://cannabisnews.com/news/thread16839.shtml

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Comment #22 posted by kaptinemo on August 07, 2003 at 12:58:47 PT:
Nixon's laughing in Hell
Using the resources of the government to enable a minority of zealots within it to attack national social movements is was a hallmark of the Nixon regime.That Dr. Mikuriya (who is renowned amongst those pathetically few real scientists worthy of the name who study cannabinoid effectiveness) is being treated in this fashion is not surprising. The thugs who presently hold the reins of power in this country know that they could never achieve their dreams by logical persuasion; they haven't a single unchallengable fact to stand upon. So, instead of trying to debate the message, they try to kill the messengers.I've said it before, and I'll say it again: these are acts of desperation, not strength. The antis see the borders of their powers shrinking with each bit of news from Canada and elsewhere, spelling the doom of Prohibition 2. They know that once things start rolling in our direction, they are through. So they are engaging in what amounts to a vicious 'rearguard' operation in a desperate attempt to stave off disaster.But as any grunt will tell you, a rearguard often doesn't stand much chance of survivng the pursuing forces. Because a rearguard only happens when you are forced to retreat...And what's pursuing them may someday be a tribunal. A tribunal in which their crimes against Humanity and Nature, here and elsewhere will be illustrated, as were those of the Apartheid regime of the former South Africa. I sincerely hope that Dr. Mikuriya and all of those presently engaged in this battle will someday be given the chance to sit in judgement of those same zealots trying to destroy our lives. Any future posited Drug War Crimes Commission will demonstrate that 'the quality of mercy is not strained'...but it's application might be sorely tested; after what the antis have done to so many, they'd be hard pressed to find many amongst their victims inclined to be mercifull.
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Comment #21 posted by FoM on August 07, 2003 at 07:39:25 PT
Lehder
I tried to find the thread about the Pneumonia cases in the Service but can't remember which one it was. While I was looking for news to post I found this article and thought you might want to see it.Army to consider anthrax as cause in pneumonia cases:http://washingtontimes.com/national/20030806-104019-1693r.htm
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Comment #20 posted by freedom fighter on August 06, 2003 at 23:52:45 PT
Doctor's order
4 tabs of aspirin..two table spoon of cough syrup..Crush the tabs... mix with the two tablespoons...cook a bit....Got a needle?Have a nice day!;( pazff
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Comment #19 posted by FoM on August 06, 2003 at 22:24:02 PT
BGreen 
Thank you. That is good information and needs to be known. I've never even ordered any medicine for my dog on line. I take him to a Vet to be checked out to make sure he needs the medicine. 
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Comment #18 posted by BGreen on August 06, 2003 at 22:19:22 PT
PrivacyRx.com
Got the name wrong. Sorry.The Rev. Bud Green
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Comment #17 posted by BGreen on August 06, 2003 at 22:07:01 PT
Deadly Hypocrisy
There has been a massive TV ad campaign for something called PharmacyRx. The first commercial had a woman who was by no means even overweight let alone obese who was talking about being able to get her Phentermine sent to her the next day. You don't even need a prescription, you just call this toll free number with your credit card ready, have a PHONE CONSULTATION WITH A U.S. LICENSED DOCTOR, and your prescription will be sent to you by overnight delivery.The newest commercial has a man talking about getting his Viagra.For those who aren't aware, Phentermine HCl is a schedule IV CNS stimulant (speed) which goes by the brand name of Fastin, and Phentermine Resin is a schedule III CNS stimulant (speed) known as Ionamin.These doctors are prescribing speed over the phone! Remember I said the woman in the commercial in NO WAY looked like someone a doctor would legitimately give diet pills to, ESPECIALLY without checking their BLOOD PRESSURE first.Why in the world are they attacking Dr. Mikuriya for cannabis when speed is being handed out over the phone?The Rev. Bud Green
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Comment #16 posted by 312 on August 06, 2003 at 17:28:49 PT
TV news in NZ
Yesterday they said that 'Larry Flynt has announced that he will run for governor of California, on a platform of legalised drugs and prostitution'I was surprised and when I looked for further info, I could find very little about the drugs issue. All I found so far was this article from CNN http://www.cnn.com/2003/ALLPOLITICS/08/04/flynt.governor/It contained the following paragraph, "He called the war on drugs a failure and said it must be dealt with, but Flynt did not propose any particular measures. He said he favors legalizing prostitution."Another thing I saw was the program, "Sunday". They were discussing how to implement the new Australian clinical cannabis trials effectively. An in depth story on the Ed Rosenthal case was presented, the whole farce, even detailing the information being held back, the jurors outburst, and Ed's speech telling us that the judge had done him no favours by giving him a felony conviction. It had Marney Craig speaking out, and the other guy. It showed medical patients extolling the virtues of the smoked form of intake, and even showed a volcano vapouriser in action. It showed how a parent simply labelled their cannabis muffins, "mommy's cannabis muffins, do not eat" so the children wouldn't eat them out of the fridge. The thrust of the show was to illustrate the problems the feds have given to the medical users of California, despite the will of the voters (this was made abundantly clear) and how there would have to be proper controls to prevent the federal government of Australia doing the same thing and interfering with New South Wales' plan.
Larry Flynt announces run for California governor
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Comment #15 posted by BGreen on August 06, 2003 at 15:47:48 PT
dobbs let bennett off the hook
That was a total waste of anybodies time except the most ardent, rabid prohibitionists'. Dobbs and CNN are wusses. They could have had somebody on with a differing point of view but they chose to let bennett do his monolog of bullshit with no distractions.They talked about the kids but not ONE mention of the 2 million plus prisoners or the 700,000 plus cannabis arrests per year.The Rev. Bud Green
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Comment #14 posted by FoM on August 06, 2003 at 13:05:02 PT

About Arianna
She is a diplomat with an attitude. I like that about her and hope she becomes the next Governor of the beautiful state of California!
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Comment #13 posted by Lehder on August 06, 2003 at 12:52:17 PT

oops
I see she's running for governor, not president. Well, I hope she wins. Her victory will rejuvenate the old wagon sticker "California or Bust" as people head west to our own little Canada.
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Comment #12 posted by E_Johnson on August 06, 2003 at 12:47:07 PT

It's time
Time to start working on our new Governor's campaign!!!
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Comment #11 posted by FoM on August 06, 2003 at 12:39:06 PT

BGreen
I hope Lou Dobbs does just that. I don't know if it will humble WB because I don't know that he knows what being humble means.
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Comment #10 posted by Lehder on August 06, 2003 at 12:38:39 PT

hurray!
Glad I checked in. I now support Dennis Kucinich for Vice President. 
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Comment #9 posted by BGreen on August 06, 2003 at 12:35:50 PT

Yeah, FoM
This clown has the credibility of Jim Baker or Jimmy Swaggart. They make a fortune proclaiming their goodness while pointing out the failures in other peoples' lives (which can be erased with a big enough donation to their ministry.) When we find out how corrupt Baker, Swaggart and Bennett are we're supposed to forgive and forget their transgressions with impunity while OUR transgressions put us on the fast-track to hell.The only redeeming factor in this discussion is that Lou Dobbs has been calling the so-called "war on drugs" a FAILURE! Bennett will try to say otherwise, and that's where Dobbs will have a chance to do what no other commentator has done ... bring Bennett to his knees in defeat and expose his lies.The Rev. Bud Green
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Comment #8 posted by FoM on August 06, 2003 at 12:35:37 PT

EJ Yes!
She sure is!
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Comment #7 posted by Lehder on August 06, 2003 at 12:35:03 PT

medicinal proerties of cannabis, now and then
"Complainant [The Attorney General,
   on behalf of the Medical Board] correctly notes that to hold otherwise and to extend
   absolute immunity to physicians would allow them to simply issue recommendations without
   the exercise of sound medical judgment and with no oversight."This is some mighty high moral ground coming from a government that for decades has aggressively vilified marijuana without the slightest justification. It is the government that has obtusely ignored medical studies and the conclusions of physicians regarding the effects of cannabis; the government continues in fact to threaten doctors who merely discuss the effects of cannabis with their patients. Now it's the opposite: the government is persecuting a doctor for NOT thoroughly discussing marijuana with his patients.It is clear that the government has no interest in the welfares of the afflicted. It seeks only to continue its repression in whatever guise is handy at the moment.---------I signed a petition today demanding the impeachments of GB and several of his crew. I found it with a quick search, and there seems to be more than one available on the Internet. 
There will, of course, be no imeachment, but the one I signed allowed for comments, and I had a good time making my sentiments known.As the edifice of crime and corruption begins to crumble, I hope that the mendacity and stupidity that brought us the war in Iraq will be recognized as the same that powers the drug war. The formula is certainly a consistent one: vilify, attack, destroy and then count the profits, all at staggering expense and endless human tragedy.
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Comment #6 posted by E_Johnson on August 06, 2003 at 12:34:19 PT

She's running!
And I don't mean Dianne Feinstein.
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Comment #5 posted by E_Johnson on August 06, 2003 at 12:32:36 PT

Is Arianna running?
I had a doctor's appointment otherwise I would have shown up for her live announcement.
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Comment #4 posted by Virgil on August 06, 2003 at 12:26:28 PT

CP is an adulterous lover
Always lying and cheating on you and luring you on with the only intent to screw you and get what it can. See CP for what it is and dump it.
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Comment #3 posted by FoM on August 06, 2003 at 12:15:32 PT

BGreen
I know what you mean. If I had done and acted the way William Bennett has I would never show my face on tv again. I thought of all the poor church people that probably had bake sales etc. to raise money to have him come and teach good moral character and he gambles away the money and that makes me furious. I'm insulted once again.
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Comment #2 posted by BGreen on August 06, 2003 at 12:08:38 PT

Lou Dobbs Tonight
'The Forgotten War'
          Wednesday, August 06, 2003 
          Join us as we continue our series of
          special reports "The Forgotten War."
          What efforts are out there on a local
          level to curb drug usage? What will it
          take to just say "No"? William
          Bennett, former secretary of education and former director
          of the Office of National Drug Control is our guest.I'm already retching my guts out just thinking of that hpocritical lying bastard.I only hope Lou Dobbs takes him to task on his failed viewpoint and failure as a self-proclaimed "human being."The Rev. Bud Green
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Comment #1 posted by Jose Melendez on August 06, 2003 at 11:09:54 PT

ready for a new governor?
from:http://www.runariannarun.com/ Arianna to Announce Decision On Run for Governor! Live Press Event at 10:30 am 
in Los Angeles, Wednesday, August 6 
8/6/03 - After several weeks of grassroots supporters urging her to run for governor of California, author and political columnist Arianna Huffington will publicly address the issue and announce her decision today!! She will make her announcement in Los Angeles at "A Place Called Home," a center for at-risk teens (where Arianna has served on the board for eight years).
 
 also, from:http://www.runariannarun.com/article.php?id=17"The sad truth about our current drug policy is that even though we know better, we continue to proceed down a path that clearly is leading us in the wrong direction. We know what works -- treatment. And we know what doesn't work -- incarceration. About the only thing we don't know is how to convince our politicians of the truth of what almost everyone else now seems to know." 
How to Arrest Prohibition
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