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  • 1. HSC 11362.5 Implementation and Compliance: Non-compliance, inactivity, confusion, and collusion
  • 2. Tod H. Mikuriya, M.D.
    • Physician/Psychiatrist
    • Director NIMH Marijuana Research 1967
    • CA Cannabis Consultant
    • Medical Review Officer & Certified Addictionologist
    • CA Cannabis Research Medical Group founder
    • Society of Cannabis Clinicians, President
    • Former cannabis centers research coordinator
  • 3. California Compassionate Use Act of 1996 (Health &Safety Code 11362.5) Section 1 C
    • “ 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.”
    But what happened?
  • 4.  
  • 5. Nine days after Proposition 215 became California law a closed whine-in at the White House Office of Drug Control Policy 11-14-1996 to block it. ( FOIA document Pat McCartney) California Criminal Justice Attendees
      • Senior Deputy Attorney General John Gordnier
      • Tom Gade, Special Assistant to the AG
      • Bob Ellsberg, California Peace Officers Association
      • Brad Gates, Orange County Sheriff
      • Tom Gorman, California Narcotics Officers Association (No on 215 Campaign)
      • George Kennedy, California District Attorneys Association (Co-chair Attorney General’s Implementation Taskforce)
      • Bill Stern, California Chiefs of Police Association
      • Jim Thomas, California Sheriff’s Association
      • Les Weidman, California Sheriffs Association
      • Neil Quinter, Senator Diane Feinstein’s office
  • 6. Former Drug Czar General Barry R. McCaffrey accords Dr. Mikuriya international recognition and threatens California physicians
    • “ This isn’t medicine, this is a Cheech and Chong Road Show”
    • -12-30-1996
  • 7. Senator Vasconcellos, AG Lockyer, and Santa Clara County DA Kennedy (1996 Washington DC McCaffrey meeting), 1999 Medical Marijuana Working Group
  • 8. Unidentified prison industrial complex lobbyists who showed up for the last open Lockyer-Vasconcellos working group to inform the group the proposed implementation and compliance was DOA
  • 9.  
  • 10. Senior Assistant Attorney General John Gordnier Attendee White House Office of National Drug Control Policy secret meeting 11-14-1996
    • “ We believe that…state law does not preclude state peace officers from enforcing federal law.” (emphasis original)
  • 11. California Narcotics Officers Association “ There is no justification for using marijuana as a medicine. “ “ FACT : A leader of the medicinal use of marijuana movement, Dr. Lester Grinspoon, is an associate professor of psychiatry at Harvard as well as chairman of the board of NORML. He has made absurd claims such as marijuana, like aspirin, is ‘unusually safe;’"
  • 12. CNOA Tentacles of Influence
    • Law Enforcement
    • Drug Enforcement Administration
    • P.O.S.T.
    • International Police Chiefs Association
    • California Peace Officers Association
    • International Narcotic Enforcement Officers Association
    • Women's Peace Officers Association of California
    • Texas Narcotic Officers Association
    • The Arizona Law Enforcement Canine Association
    • The Arizona Narcotic Officers' Association
    • Oregon Narcotics Enforcement Association
    • Association of Oklahoma Narcotic Enforcers
    • Kansas Narcotic Officers Association
    • National Drug Enforcement Officers Association Washington D.C.
    • National Interagency Civil-Military Institute
    • National Narcotic Officers Association Coalition
    • New Jersey Narcotic Enforcement Officers Association
    • California Sexual Assault Investigators Association
    • California Gang Investigator's Association
    • Western Regional Counterdrug Training (WRCT)
    • Legislative
    • California Legislative Information
    • California Legislative Analyst's Office
    • Model Drug Dealer Liability Act
  • 13. More CNOA Tentacles
    • Judicial
    • California District Attorneys Association
    • California Office of the Attorney General
    • California Law Revision Commission
    • California Office of Administrative Law
    • Bureau of Justice Assistance
    • Others
    • PoliceTraining .net
    • American Police Beat
    • DAMMADD - Dads And Moms Against Drug Dalers
    • Reid Technique of Interviewing & Interrogation
    • Drug Free America Foundation
    • Police Executive Research Forum
    • Office of National Drug Control Policy
    • California Narcotic Canine Association
    • International Narcotics Interdiction Association
    • StopDrugs .org
    • California Department of Alcohol and Drug Programs
    • Californians United Against Drug Abuse
    • Partnership For A Drug Free America
    • Police Officer Memorial
    • Homeland Security Corporation
    • DrugStory .org
  • 14. Sanctions Against Physicians
    • Criminal Subpoena Abuse
      • Mandatory Appearance where ducem tecums would be appropriate
      • Percipient v Expert Witness (Percipient witness get nothing for testimony and time away from practice.)
    • Exclusionary Attempts
      • Unrecognized letter of recommendation
      • Local MDs Only/Peer Review
    • Slander in court where prosecutors and cops immune
    • Malicious Complaints to Medical Board
  • 15. Medical Board Investigation and Prosecution of California Doctors
    • Marcus Conant, M.D.
    • Steven Banister, M.D.
    • David Bearman, M.D.
    • Willaim Eidelman, M.D.
    • R. Stephen Ellis, M.D.
    • Tod Mikuriya, M.D.
    • Frank Lucido, M.D.
    • Michael Alcalay, M.D.
    • Marion Fry, M.D.
    • Carol Wolman, M.D.
    • Robert Sterner, M.D.
  • 16. Steven Gossett: Fake Patient Actual Sonoma County Sheriff Deputy “former DEA” dual certified Presented at an Oakland clinic. Left his wire off for fear of discovery
  • 17. Medical Board Investigative and Prosecutorial Abuse turns immunity of physicians from sanction on its ear. The cover story is “standards of practice”
    • Complaints from law enforcement, not patients, families or colleagues.
    • Unrestrained “fishing” expeditions
    • Review by anonymous “experts” who have never recommended or approved cannabis
    • Illicit sharing of information, violation of privacy.
    • Accusatory sanctions on medical practice
    • Nominal- not actual investigation- fraud against the people
  • 18. Proactive Responses
    • Credentialing and Self-Policing
    • CCRMG Minimum Practice Standard
      • In person initial examination, ICD-9 codeable diagnoses supported by documentation
    • Reform of Medical Board
    • Statewide Audit
    • Remedial Civil Actions
  • 19. Medical Board Reform
    • Dr. Frank Lucido and Medicalboardwatch.com
    • Quality of Care versus Physician Conduct
    • End Investigatory Abuses
    • Outcome Based Planning and Management
      • Publication of proposed guidelines, standards, rules, etc.
      • Set Metrics from deliberated policy
      • Measure Progress
      • Reformulate
  • 20. Statewide Audit Implementation and Compliance
    • Training and Information Bulletins
    • Health Department Implementation
    • Department of Justice Leadership
    CA Highway Patrol Dept. of Motor Vehicles Probation Departments Drug Treatment Programs Health Agencies Family Courts State, County, and Local Levels
  • 21. Implementation varies from county to county and even from city to city For example the cities of Oakland and Newark, both in Alameda County. The city of Oakland Police have a 5 page training bulletin. This document describes exactly how the city will enforce the law. This removes the ambiguity and allows patients to easily comply with local enforcement procedures.
  • 22. On the other hand, the city of Newark is Noncompliant “ Possession, sale, transportation, and use of marijuana are all Federal crimes, and as such, neither the State of California, nor the County of Alameda, has a right to circumvent Federal statutes.” “ My official position is that we will continue to treat possession, transportation, and use of marijuana as violations of law” Sincerely, John R.R. Robertson Chief of Police
  • 23. Remedial Civil Actions
    • Taxpayers, Class Action, Individual
    • Injunctive relief: mandamus for prosecutorial and enforcement malfeasance
    • Malpractice suits
    • Compensatory and punitive damages
  • 24. Reasons to be Hopeful
    • Eight years have passed and we are still moving forward, albeit slowly
    • Implementation through judiciary
    • More doctors are coming out and writing recomendations
    • Although MBC guidelines are overly harsh and restrictive, at least we know the ground rules
    • Cannabis is a safe and effective medicine
    • The number of patients continues to grow
  • 25. Thank You