Section 8 protection

[Dr. Bob]

CV is just fine thank you. I just don't feel the need to prove anything to you. I'm already out there and known, I suggest you simply ask any good MMJ attorney, or legislator, or any major cannabis organization in Michigan.

I do recall asking you what your qualifications to make legal interpretations, especially those clearly and repeatedly refuted by attorneys, on these public forums. I'd hate to see someone end up in jail because they actually took them seriously.

The same sentiment is coming out here that came out on the MMMA. If you believe this so strongly, that you can do anything that you want and claim section 8, by all means, YOU DO IT. Show by your shining example the validity of your position. And remember, when you are on probation after they arrest and convict you, you can't use your card if the judge doesn't want you to.

Dr. Bob

 

[bloodytrichomes]

[video=youtube_share;KJJW7EF5aVk]http://youtu.be/KJJW7EF5aVk[/video]

 

[GregS]

Will you please cite any attorney statements to back you up?

Professionals in good standing are typically glad to share their CV. You are a liar. We are patients. You profess to being a physician. You spam boards with your business. You argue as if you think you are an authority.

We should not have your CV why?

And I've already said that I have no credentials. Nope. None. Which makes this almost too easy. I can freewheel and say anything I want without having to embarrass my profession, as you do constantly. It is notable that you do not participate anywhere as a physician, but more as a misanthrope and wannabe.

 

[Dr. Bob]

Please, proceed. Everyone wants to hear your comments about me. I especially like the implications that I am not really a physician.

Serves two purposes, since you are occupying yourself with me rather than the subject of the thread, bad information about the 'safety' of Section 8 is not being put out.
Second, since most folks in here and elsewhere in the marijuana community in Michigan apparently do view me as an authority on this, it makes you appear to be shall we say 'uninformed' and that also speaks volumes about your 'opion' of the validity and efficacy of the section 8 defense.

I will share one little tidbit with you, I've been either directly been involved or helped plan several section 8 defenses for patients as part of the defense team. Your assertions would have been laughed out of court. One other little point, I don't charge expert fees for my patients, it is part of the cost of their certifications and spread out to all. The last thing a patient wants if they are in trouble is to be forced to come up with thousands of bucks for experts at a time they just had to hire an attorney to defend them under section 8. They are already kicking themselves for listening to some idiot on the internet telling them section 8 protected them, and are faced with the prospect of spending thousands of dollars and months if not years of their lives in court, I figure I don't need to add to the stress with an expert witness fee.

Dr. Bob

 

[abe supercro]

In a mmj case, can't either attorney subpoena the doctor who wrote the recommendation? Then the dr. must comply, or did I miss something? Could a expert witness fee even be included in that scenario?

 

[Dr. Bob]

In a mmj case, can't either attorney subpoena the doctor who wrote the recommendation? Then the dr. must comply, or did I miss something? Could a expert witness fee even be included in that scenario?

Depends. If the doctor is actually part of the case, ie named in the complaint, they have to come. If not, they are a witness. At the very least they get mileage and can submit an invoice for their testimony and it is up to the court. I don't charge my patients, I do charge others. Most of the time I work with the attorney to help prep the doctor that did certify the patients and am on standby in case they need me personally (again, I don't charge for that). In general experts are paid for their time though. If the doctor is compelled to come and submits a bill, the courts generally do address the bill and the defendant has to pay it if it is awarded. That is because the doc isn't on trial as is being used to defend the patient that is. There is no requirement they attend unless the patient/defense tries to compel them to and they can be compensated for that.

Dr. Bob

 

[abe supercro]

Thanks for the answer I've been wondering...

Not here to hassle ya like so many others that feel the need. good day -

 

[Dr. Bob]

not at all, was a good question. folks need to know those sorts of things. glad you asked it.

Dr. Bob

 

[GregS]

That is the kind of contribution we look for, and that this discussion is intended to clarify. Was that so hard?

 

[bloodytrichomes]

like to here more on how doc isnt a doc???????? waz the story...end of first round gorilla 2 dr 0.. popcorn and a fattty to the winner

 

[fattiemcnuggins]

There are no medical records sent to the state, just the application. That is in a database. There is dr/pt confidentiality with your medical records at the office just like at any other office, and like any other office they can only be released by court order.

If the objection is to telling the state you want to use MMJ under the program, that is a requirement of the program. You have to apply for a card.

Dr. Bob

I know bro Bob I got a whole stack of them. but imO and alot of others they don't mean much if you can't back em up with medical records. soo they are what hold the weight

 

[fattiemcnuggins]

And, with such an agreement, there is no waiting for the state to send a card. Transactions can begin immediately.

thank you mr. gorilla for bringing this stuff up. when I walked out of my doctor last time, they stressed that "you are legal as soon as you walk out that door, don't let anyone tell you different"

I honestly don't think Bob and alot of others understand the unregistered patient aspect.

 

[fattiemcnuggins]

There are no medical records sent to the state, just the application. That is in a database. There is dr/pt confidentiality with your medical records at the office just like at any other office, and like any other office they can only be released by court order.

If the objection is to telling the state you want to use MMJ under the program, that is a requirement of the program. You have to apply for a card.

Dr. Bob

I know dude. I am a state registered patient and caregiver, have been since I was 21. I don't want to be in a database. If a dr. recommends that medical marijuana could help with my debilitating condition, and keeps records of such conditions, that is it....long as the dr. will come back you up.

which i thought you did in 100% of your cases.?

 

[bloodytrichomes]

wheres the gorilla with the story ?or is the gorillla the story .the bonafide bs detector is going off

 

[fattiemcnuggins]

wheres the gorilla with the story ?or is the gorillla the story .the bonafide bs detector is going off

is bob both people playing both sides of the coin for entertainment? what is going on LoL

 

[GregS]

I'm outa town taking care of other business, tyvm.

 

[fattiemcnuggins]

I'm outa town taking care of other business, tyvm.

we keed brother greg

 

[GregS]

like to here more on how doc isnt a doc???????? waz the story...end of first round gorilla 2 dr 0.. popcorn and a fattty to the winner

The point is not so much that he might not be a doctor, but a curricula vitae spells out, in detail, educational, professional, and sometimes personal accomplishments. It could be his training came from some diploma mill. Without verification, we cannot know. Is there something there to be embarrassed about? There is no specific information regarding this guy's credentials anywhere I can see. It is not too much to ask if he expects to be held in authority, or even having the least accomplishment.

 

[fattiemcnuggins]

Recently found out my old PcP got his degree in mexico! nothing against mexicans but....something tells me it may have been a wee bit easier/cheaper down there.

 

[GregS]

Something important is that we discuss rules of evidence in bringing a sec. 8 defense. What is necessary, what works, and what schemes do prosecutors play in challenging them? How do a judge's attitudes play? Townsend touched on them with his remark about paid witnesses.

For instance, the 2.5 oz possession limit: it is not necessarily a per se limit, but any amount in possession might well have to be demonstrated to be an amount necessary to ensure an uninterrupted supply and may have to be justified, depending on a judge's courtroom ruling on an argument by the prosecutor IF it comes to that. And if a case were to go to a jury, the judge gives instruction to the panel that they are required to consider, to include any restrictions on evidence that is permitted.