Sunday, August 31, 2008

3 Things Money Can't Buy

Dr. Frank Lucido's Bully Pulpit: Everyone's Entitled to My Opinion

"Three things money can't buy":

First you may have heard the joke/riddle:
There are 2 things money can't buy:
True love.......and home-grown tomatoes.

There may be a third thing...

On August 25, 2008, California Attorney General Jerry Brown issued:
“Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use”
While apparently giving more protection to individual patients and caregiver/collectives, especially the less profitable and presumably more altruistic, it does promote a touch of "forced socialism."

(Americans for Safe Access comments on these guidelines at:
http://safeaccessnow.org/article.php?id=5561
)

As I say in my July 2007 newsletter
http://www.medboardwatch.com/wb/pages/newsletter-july-2007.php
“BLESSED ARE THE CAREGIVERS for the risk they take to help suffering patients.”

But it seems like small collectives/caregivers will be safer;
And bigger dispensaries, especially those that can be portrayed as greedy, whether true or not, will be more vulnerable.


As I opine in my article “The Victory of Raich”:
http://drfranklucido.blogspot.com/2008/07/victory-of-raich-what-patients-have-won.html

“Individual patients, who grow a few plants, are unlikely to be bothered by the Federal government, if one can believe the Solicitor General’s statement to the Supreme Court on November 29, 2004...
...Least protected will be the larger dispensaries/growers, those most visible, and those with the loosest standards or business ethics. Those who can be easily accused of “profiteering,” whether true or not, are perhaps the most vulnerable.”


California's Compassionate Use Act of 1996 is standing the test of time.

But almost 12 years later, safe and legal access still isn't always available for many patients. Patients need more access and less fear. And ultimately, the medicine needs to be more affordable.


It seems these guidelines allow patient collectives to grow and share the fruits of their common labor, and give away their extra to other patients in their groups who need it.

Someday we may be able to say:
There are 3 things money can’t buy.
True love, home-grown tomatoes,
...and “home-grown.”





Frank H. Lucido MD
Family Practice since 1979
Medical Cannabis Consultation
Expert Witness
2300 Durant Avenue
Berkeley Ca 94704
510.848.0958 (by appointment only)
www.DrFrankLucido.com
(formerly MedicalBoardWatch.com)
www.AIMLegal.org
email: DrFrank@DrLucido.com

Upcoming blog postings will include:
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http://drfranklucido.blogspot.com/
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Posted by Frank H. Lucido M.D. at 8/31/2008 02:47:00 PM

1 comments:

Anonymous said...

Thanks for entitling me to your opinion. I appreciate you thoughtful writing.
Craig X

August 22, 2009 8:43 PM

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Dr Frank Lucido's Blog: PotShots from the Bully Pulpit: Everyone’s Entitled to My Opinion


Medical Cannabis has been legal under state law in California since passage of the California Compassionate Use Act of 1996 ("Prop 215" or California Health & Safety Code 11362.5) under a certain conditions.
Unfortunately, it is still illegal even for legitimate patients, under Federal law (Gonzales v Raich Supreme Court case).

Physicians making appropriate recommendations, are also protected under State law, when acting appropriately.
Furthermore, physicians are also protected Federally by Conant v McCaffrey (Federal District Court) and Conant v Walters (Federal Appellate Court) as long as they do not aid and abet a patient in breaking Federal Law. On further appeal by the Federal government, the Supreme Court declined to take the case. Therefore, physicians are the ONLY ones protected all the way to the Supreme Court, as long as they do not "aid and abet" a patient in breaking Federal law.

The purpose of this blog is to discuss for patients, physicians, caregivers and other patients advocates, who, in my experience, is most protected, and under what circumstances, and to discuss to what extent the inability of the State of California to regulate cannabis (due to Federal threats and interference) has led to the "wild west" atmosphere that the newspapers love to write about (you know: "Man bites dog" will always sell more papers than "Dog bites man".)

This is my effort to "clean up Dodge". I know I am not alone in this. There are good physicians, good caregivers, and lots of sick patients. I aim to let people know how to spot the good, and avoid the others.