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Old 10-24-2008, 05:03 PM   #1
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Default Finding a reliable doc who will stand by you in court?

Hi all,
I've read so much on docs in So. Cal who will write you a rec with little to no proof/documentation of your existing health condition, which many people get excited about, not realizing that if they're ever in serious trouble with the law they could be left holding a worthless piece of paper with no physician back-up.

How does one go about finding a doctor who will write a recommendation - and who will stand by his/her patients in court? I've heard conflicting stories about MediCann (for example) standing up with their patients, and equal stories of them not offering assistance of any kind in court. It seems perplexing, and honestly, scary. I have no interest in a recommendation if it won't hold up in court. I of course know one's own medical paper trail will assist in a legal bind, but having your doc's office who wrote the rec assist with the process is vital.
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Old 10-24-2008, 08:07 PM   #2
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If you've got a recommendation signed by a legitimate health care professional, that's all you need. There's no question of legitimacy beyond that.

What sort of legal conflicts are you talking about? I've never heard of anyone's recommendation being challenged beyond determining that it's not a forgery.
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Old 10-25-2008, 10:14 AM   #3
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Well Buzz, you had mentioned earlier "recommendation mills" that give out recs like candy, that wouldn't really hold up in court. If I were to be cited for MMJ posession, and had a court date, and my rec doc wouldn't do much in terms of working with the court to get me off the hook... That's what I'm talking about.
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Old 10-25-2008, 04:29 PM   #4
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Quote:
Originally Posted by Neko150 View Post
Well Buzz, you had mentioned earlier "recommendation mills" that give out recs like candy, that wouldn't really hold up in court. If I were to be cited for MMJ posession, and had a court date, and my rec doc wouldn't do much in terms of working with the court to get me off the hook... That's what I'm talking about.
They can talk their way out of any trouble they may get in. "He complained of severe back pain. I did an examination and found some soft tissue damage. He expressed a desire to use medical cannabis for his pain. I saw nothing wrong with that course of action so I gave him a recommendation with directions to use as needed. I was unaware that my patient was abusing the substance."
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Old 10-25-2008, 11:06 PM   #5
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Well Buzz, you had mentioned earlier "recommendation mills" that give out recs like candy, that wouldn't really hold up in court.
That's where you're wrong. As long as the guy who signed it has the right kind of license, the recommendation is as good as gold. The recommendation mills aren't producing forgeries. The recommendations are signed by licensed physicians.
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Old 10-26-2008, 12:50 AM   #6
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That's where you're wrong. As long as the guy who signed it has the right kind of license, the recommendation is as good as gold. The recommendation mills aren't producing forgeries. The recommendations are signed by licensed physicians.
I wasn't wrong in what I quoted you as saying, I never said that these "rec mills" were handing out forgeries or illegitimate recommendations. I was saying that perhaps these docs were giving recommendations "loosely", and that by doing so, a judge or court would highly scrutinize the basis of the recommendation being given, and be less likely to let said patient go, especially if the court called up the doc and said doc wouldn't offer a "good enough" basis as to why he made the recommendation. Or do the courts not even look at reasoning behind a doc's rec?

If the recommendation is as good as gold as long as it's from a licensed physician, then I suppose there isn't a real reason to be worried about obtaining the rec from a "loose" doc or not?
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Old 10-26-2008, 04:09 AM   #7
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I never thought about the forgery side of it. I wonder where you could get forgeries for the different states?
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Old 10-27-2008, 05:57 PM   #8
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Quote:
Originally Posted by Neko150 View Post
I wasn't wrong in what I quoted you as saying, I never said that these "rec mills" were handing out forgeries or illegitimate recommendations. I was saying that perhaps these docs were giving recommendations "loosely", and that by doing so, a judge or court would highly scrutinize the basis of the recommendation being given, and be less likely to let said patient go, especially if the court called up the doc and said doc wouldn't offer a "good enough" basis as to why he made the recommendation. Or do the courts not even look at reasoning behind a doc's rec?

If the recommendation is as good as gold as long as it's from a licensed physician, then I suppose there isn't a real reason to be worried about obtaining the rec from a "loose" doc or not?
In a situation like the one you are describing, I would think it would be the doctor who would get into trouble...not the patient.

I mean, you suffer from some sort of illness or ailment, go to a doctor who you have every reason to believe is licensed to practice medicine, he writes you a prescription that you believe to be legitimate, and you go fill that prescription in good faith based on his recommendation. What have you done wrong? If the doctor was practicing medicine out of the trunk of his car, that'd be one thing. But if no obvious or legitimate basis exists that would lead you to believe he's not a legit doctor, I don't see how you, the unassuming patient, could be penalized.

Doctors who loosely and carelessly prescribe medications are subject to losing their licenses to practice medicine. I'm sure even "rec mills," as you call them, are aware of that. Their doctors have to be licensed too, and in the event that they write a prescription and then fail to assert its legitimacy, they'd be subject to penalties a lot worse than you'd get for a first offense for possession of marijuana.
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Old 10-25-2008, 12:51 PM   #9
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Example: MediCann not working with a majority of dispensaries and MMJ card officials:

Info on MediCann? - 420 Magazine

This may be seen as "Oh, they don't want to divulge private patient information to the gov't" - however, with patient consent to release med records, it shouldn't be an issue, right? From what I've heard from actual officers, the state-issued card is the safest way to assure yourself you will not be arrested (or even cited) for MMJ possession.
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Old 10-25-2008, 08:30 PM   #10
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No no, my prescription would be completely legitimate, I suffer from anxiety attacks and have medical records to prove it! I'm not trying to get away with anything, I'm trying to make sure that if I AM arrested, that my recommendation will hold up in court.

I'm also thinking of getting a state card after the rec (as I've heard a cop will usually let you go no questions asked with the state issued card). I'm in LA county.
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