I knew the MMJ route wouldn't be a cakewalk, knew there would be legal pressure and the resulting backlash from local and fed LE entities. The official position seems to be that authorities on every level don't want us to have mmj. They don't want us to have P2P, they don't want us to cultivate for personal use, and they don't want us to have dispensaries, either, as if many of us could even actually afford to utilize a dispensary.
This link is just over a week old - it shows the actions being taken against Harborside in Cali:
Not too long ago, I experienced a violation of my civil rights. My physician, along with her staff, ambushed me into signing consents for a drug screen and some kind of pain medication contact, that included outrageous clauses that no sane person, or at least no non-pain patient, would agree to.
I was cornered by my physician and one of her medical assistants and presented with consent and release forms that I wasn't given adequate time to read. I was requested to sign these on multiple occasions during the actual visit - not in the waiting room. I was requested to sign and read the documents fully at a later time, after they were signed. I was completely unprepared to handle this situation. I was pressured, I was unprepared, and I didn't understand what was going on. I was confused and I told my physician I didn't understand what I was signing.
The way the scheduling of the appointment and presentation of the consent forms were orchestrated, I know ensuring there was insufficient time to read the documents was part of the plan. I was called by the doctor's office under the guise of needing to sign documents for my insurance company.
I was 45 minutes early for my appointment, and was kept waiting for an hour and 15 minutes after the scheduled time before being seen. Those 2 hours were sufficient time to allow me to review the documents and make a decision to sign, not sign, or to present to an attorney for review. This is why I know a decision was made not to allow adequate time to read these documents.
Had I anticipated this after being her patient for several years, I would have told her I needed to read the consents at home before I signed them. I was traumatized. I felt like the next thing that was going to happen was that I'd be slammed up against the wall and someone would through cuffs on me.
I should never have signed. I later contacted my physician and revoked the consents I signed, and let her know that I challenged the legality of how the consents were obtained. I want my fellow MMJ patients to be prepared to say no.
I intend to seek legal counsel to ensure my info isn't released to parties I don't want it released to, to include law enforcement, and that any test results are removed from my records. I'm not in trouble with the law, and I'm not on probation. LE should have nothing to do with my medical records, and if there was probable cause to suspect I was engaging in illegal activity, LE can seek a warrant for my body fluids.
I take prescription pain medication, have for the last 10 years, have never, ever sold my medication. I have never gone to multiple docs looking for pain meds. I did see a doc who specializes in mmj at the end of April, without my primary's knowledge, after 7 years with this PCP, and after making one request for an increase in dosage several months prior to the drug screen. One request for an increase in 7 years with her is hardly drug-seeking behavior.
It's like being a pain patient means you have diminished rights.
After urinating in the cup, I could see the THC indicator line change - everything else was as it should be. This very likely will mean no more pain meds for me, unless I get a new doc who is willing to prescribe pain meds and is tolerant of MMJ.
Anyway, I'm tired of being discriminated against. The DEA hassles doctors, terrifies them into not prescribing pain meds, or pressures them into compromising their ethics by engaging in behaviors that aren't above board. I want others to be prepared for the same treatment I received, and would urge patients to tell their physicians they'd like to have an attorney review the documents prior to signing.
While there may be recourse for the way the testing was handled - I'm not looking for compensation, only for the violation of rights to stop - there is no federal protection regarding medical marijuana use, and therefore no recourse for a patient who is refused pain medication based on testing positive for marijuana.
It's sticky, anyway, as a physician has the right to prescribe medicine as he or she sees fit, shy of engaging in malpractice. I can't do jack sh*t about a decision by a physician not to prescribe pain meds.
I can't believe that civil rights violations of an even greater magnitude that continue to occur as I write.
I can't get over what the feds did to Robert Platshorn. He had been incarcerated for smuggling marijuana, released after serving 30 years. He was released from parole. The dude did his time, met the terms of his sentencing.
The feds placed him under the jurisdiction of the US Parole commission. For speaking out, for promoting his book, for informing seniors about the use of MMJ, and for participating in the High Times Medical Marijuana Cup, the feds placed him under the jurisdiction of the US Parole commission. He was not on parole when the feds showed up demanding a urine test. He was a free man.
This amounts to censorship. How does this happen here in the US?
I don't know what led to LT's current legal situation. I don't know if it was an interfering neighbor, an informant, a disgruntled patient and/or mmj business person who is being squeezed by the police and is turning people in just to keep out of jail. I don't know if it's someone who simply doesn't belong on this site who is studying what people say with regards to their grows and has come to his/her own conclusions. I'll never know. I do know that I don't believe the 88 crime police account given to LT.
Whoever is responsible for instigating any investigation against LT may not be aware of the implications of his/her/their actions. I'm very concerned about kids being placed in CPS custody. It's a lot easier to get in than to get out. I worked with kids over the course of my last job, many of whom were involved with CPS, or with other social service agencies. CPS doesn't tell you about the potential for injury to children in their custody. And there are social service agencies who do their absolute best to cover up violations to children entrusted to their care. I have seen it first hand.
If someone has concerns, there are more effective, humane, and creative means available to address those concerns.
Phil's right. The next time, they could be coming for you.
Bob's right. Invoke all of your rights.
Read the quotation/signature on MattPlus' posts about liberty, and take it to heart.
I'm right when I tell you not to make the same mistake I did regarding consents. Be prepared. When your doctor springs something on you, tell your physician you need to take the documents home to read, or tell your physician you'd like an attorney to review the documents before you sign.
If your physician refuses to prescribe your meds to you before you sign, and you haven't been allowed time to find another doc, report him or her to your insurance company or to the state medical board. My doc at least made sure I had a prescription for 3 months worth of meds. And this is is related to MMJ. If you take pain meds and test positive for MMJ, your doc may decide not to prescribe pain meds.
Whatever you do outside of here is your business. If you put your business on the board, and your business sounds hinky to someone, you may be jeopardizing your safety, or the safety of your peers. I know I could be more vigilant about what I say.
I can't predict how LE will handle a gray area of the law. I know I don't have the resources to litigate a landmark decision, or anything that even hints at approaching that. I will have to use community legal resources to pursue my own beef.
Whenever I've transported clones, I was scared, and I know that the law is unclear about it. Does the law view clones as plants? All I know is that I don't want to be on the wrong side of the law when I get an answer to that question. I've been lucky.
I'm hoping members of the community recognize that my intent here is good. I'm not singling anyone out, nor am I admonishing, lecturing, passing judgment, or making any suggestions that would promote discord or distrust. I'm speaking for myself. What I say here are my opinions and my suggestions. I'm allowed to play here, but this isn't my sandbox. Not everyone will agree with my opinions or views, and that's fine. We're adults here, and this was still America the last time I checked.
I would love to see us, as members of the MMJ community, band together to fight for our rights. I think we need to collect hard data and be prepared to enjoin with other MMJ users and try to get something going on a class-action level. Litigation is expensive, and raising funds can be difficult. Look at Bill Hayes' efforts to gain financial support via donations for his battle against the 25 mile rule - he's fallen far short of his 20K goal: http://beta.indiegogo.com/No_25_Mile_Rule?c=pledges
The thought of repercussions just for discussing taking action scares me. When people disseminate information and make statements that threaten the balance of power, all too often the people in charge - people appointed by the officials we have elected - pursue their own agenda and try to silence us. It seems it's ingrained in the system.
I would invite members of this community to add their thoughts and ideas on actions we can take to preserve and restore our rights. I started a new post separately so as not to take away from what Desert Grn has to say. It's a big topic.
-- Edited by cat22 on Tuesday 17th of July 2012 01:36:43 AM
-- Edited by cat22 on Tuesday 17th of July 2012 05:09:40 AM
It is a very big topic.. and Cat you are speaking to the core of what i'm am trying to say.. We are all suffering..and through actions taken by the powers that be.. we suffer more than from the ailments that got us here in the first place.. Discrimination is a factor.. but because of fear of losing our children, our jobs, our freedoms and possessions we are not as vocal as we should be. We are a minority yet, 30,000 strong in Az alone.. but the fact Mr. hayes is still having falling short of his goals.. is just to show you how strong these fears are. The fact that mj was ever made illegal at all was based on discrimination, racism, and fear. The state takes our money gives us a card and tells us the rules.. who tells law enforcement in our state the rules and polices them.. More and more it looks like it a free for all, where any state and federal agency can bully, harass, take advantage of, lie to, steal from, or do whatever they feel is there god given right to do to us without any repercussions on to there actions. Throughout my short lifetime the people in which i have had the pleasure of lighting up with have been and are some of the leaders of our community..(teachers/professors, counselors, news anchors, parents, grandparents, artists, young/old, one thing they all have in common is this fear. I would be lying if i said i wasn't living in fear.. i am. I am doing my best to educate myself and protect my family from the thugs that are no different from the cartels in which they say they are fighting.. They can do whatever they want.. i am restricted to following the laws that they interpret.. they can spy on me and learn my moves whenever they want.. i shouldn't have to hide them but i am afraid and it's obvious they are there. I would like to take action and have a lot of ideas of how to fight back. But know that might be in fact what they are looking for ..our next move. I am really getting tired of being silent, but also have my kids and plants to lose. Regardless as my meds run short i'm thinking of more and more of ways to combat this injustice.. do they really want us to go to a back alley drug dealer.. I myself refuse to. I am a Legal Prop. 203 Patient and will stay that way. Thank you all for the comments and help.. Your words are empowering.
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The Name I have given is an online alias.. The real me is on the Card! You have one you will see.. AZ prop. 203<-- Patient legal and compliant. Since March 2, 2012. and never trying not to be.