Friday, May 15, 2009

Dr Lucido's Statement to the Medical Board of California 5/8/09

5/8/09

Dear members of the Medical Board of California,

I have been WRITING about what I like to TALK about on my blog: DrFrankLucido.blogspot.com

That cannabis is safe and effective medicine.

That doctors are protected all the way to the Supreme Court in making appropriate recommendations, as long as....blah, blah, blah..... (see: www.DrFrankLucido.blogspot.com )

I plan to have a monthly series of talks or roundtable discussions for patients and caregivers (as opposed to "the industry").

And also I plan to teach physicians in California and other medical cannabis states my procedures for making safe and appropriate recommendations.

(see: www.AIMLegal.org )

I'd like to see more primary care physicians feel comfortable making appropriate recommendations, especially those already established in the community, and having the respect of their peers.

If we treat cannabis like the medicine it is, it will eventually be an over-the-counter medicine for adults.

And this could happen in one of three ways:

1. It could be an executive order from the President.

2. It could be re-scheduled from Schedule I to Schedule II or III (and then the insurance companies would lobby to make it an over-the-counter drug, once they have to pay for it).

or more likely,

3. California could vote to "tax and regulate" like the city of Oakland did in 2004 with Measure Z.


I have laid out some of my major talking points in my 10 or 12 blog entries:

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

www.DrFrankLucido.blogspot.com

My most recent blog postings:

Successful Benefit for O'Shaughnessy's, Journal of the Society of Cannabis Clinicians

Dr.Lucido's 30th year in Practice: (est. December 10, 1979, Berkeley, California)

One Step Towards a National Health Plan- by Frank Lucido MD

3 Things Money Can't Buy

Society of Cannabis Clinicians meets in L.A. 8/1/08

“Hunter, Willie, Tommy, and me…”

Why Are Credible Practice Standards Important?

The “Victory” of Raich: what patients have won

A Broken Clock Is Right Twice a Day: O'Reilly Factor Appearance of Dr. Frank Lucido

Holding the Center

Credibility-Attorney Dennis Roberts' Testimonial

Sincerely,

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

www.DrFrankLucido.blogspot.com

1 comments:

Chris Bagdon said...

I hope your work reaches all the way to Virginia! Thank you for keeping my spirits up, Dr. Frank!!!

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.