Save Doctor Tod Mikuriya and H&S Code 11362.5
- by: Tim C
- recipient: Bill Lockyer and Medical Board of Cali, Attorney General, California Department of Justice
We urge the Attorney General to: Reject the Medical Boards recommendation to criminally prosecute and penalize Dr. Tod Mikuriya, Americas foremost medical cannabis specialist and implement Californias Prop 215 law with priority on explicit medical rights protecting doctors and patients.
OPEN LETTER and PETITION from MEDICAL MARIJUANA PATIENTS of CALIFORNIA
To: California Attorney General Bill Lockyer and Medical Board of California
From: Medical Marijuana Patients and Supporters
Re: Prosecution of Medical Cannabis Specialist, Tod Mikuriya, MD
We, the 60,000 citizen-patients of the medical cannabis community and our supporters in California, appeal to California Attorney General Bill Lockyer and California Medical Board to cease the investigation and prosecution of Tod Mikuriya, MD.
"no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes." -- Compassionate Use Act of 1996, Health and Safety Code 11362.5 (a.k.a. Proposition 215)
"The Medical Board of California has concluded its investigation into the matter of your treatment and subsequent recommendations and approval of medical marijuana for numerous patients." -- Letter to Dr. Mikuriya from Medical Board chief investigator, Thomas Campbell, 6/28/2002
Dr. Mikuriya is accused of departing from "standards of care" in a few instances out of the Doctors 7500 patients, although no complaint stemmed from a patient, a patients loved one, or any physician. The complaints are all from law enforcement officials, primarily in rural counties. They are plainly using this process to circumvent Proposition 215 protections.
If Dr. Mikuriya is "punished, or denied any right or privilege", we will consider it an attempt to:
* Threaten and silence all doctors in violation of Conant v. Walters and First Amendment speech protections.
* Block patients lawful access to medicine in violation of People v. Mower and guarantees of Equal Protection.
* Undermine the will of the voters in violation of Health & Safety Code 11362.5 (Prop 215) and States Rights.
These unwarranted charges are unfair since they are entirely non-medical as evidenced by the fact, first, there are no established Medical Board "standards of care" regarding cannabis medicines for Dr. Mikuriya to violate. Second, Dr. Mikuriya has previously petitioned the Medical Board specifically to provide those guidelines. As for the quality of care he provides -- "We helped him review his files, case by case. Ive been doing this for 20 years and I have a feel for whether a doctor has a detailed understanding of a case. Mikuriya not only had understanding, he had an unusual level of sympathy for his patients. Im afraid the Board is holding him to an artificially high standard." -- John Fleer, Attorney for Norcal Insurance, Dr. Mikuriyas malpractice carrier.
The California Medical Association has agreed with Dr. Mikuriya and has also called for the Medical Board to establish such guidelines- and then they went further. -- "Be it further resolved that the CMA urge the Medical Board to apply clinically appropriate standards of care to all physicians, and not to apply a higher standard of care or to require a higher degree of evidence in cases where medical marijuana is involved." -- CMA amendment to Dr. Mikuriyas original resolutions, which passed the Reference Committee.
Dr. Mikuriya is more than one of Americas foremost, and earliest, cannabis specialists; he is a trusted and compassionate caregiver, an advocate for his patients and an anchor for the community as a whole. The Doctor was hired in 1967 for his expertise by the federal governments marijuana research project at the National Institute on Mental Health (which became NIDA). He edited the classic Marijuana Medical Papers, 1839-1972; the Indian Hemp Drugs Commission Report; and currently the periodical, OShaughnessys. Dr. Mikuriyas key resource website for medical marijuana is at: www.mikuriya.com.
Dr. Mikuriya is vital to the viability of the cannabis patient community and indispensable to his patients from the exam room to the courtroom. He has testified for hundreds of his patients. Growing up Japanese-American during World War II prepared the Doctor for the battle he is now in for his professional honor and his right to practice medicine. The charges carry vastly disproportionate punishments for such minor complaints. An attack on this one doctor is a blow to thousands of patients.
We urge the Attorney General to:
* Reject the Medical Boards recommendation to criminally prosecute and penalize Dr. Tod Mikuriya, Americas foremost medical cannabis specialist.
* Implement Californias Prop 215 law as voters intended with priority on explicit medical rights protecting doctors and patients.
We urge the Medical Board to:
* Create "standards of care" applicable to Proposition 215 patients with guidance from the California Supreme Court in People v. Mower. That equal protection precedent equates medicannabis patients with anyone using prescription medicines.
* Set low priority for investigations of "third party" (non-patient) complaints that do not claim harm to patients.
* Adopt an open mind about therapeutic uses of cannabis medicines and the advantages of restoring prescription access.
Sign PetitionSign PetitionTo: California Attorney General Bill Lockyer and Medical Board of California
From: Medical Marijuana Patients and Supporters
Re: Prosecution of Medical Cannabis Specialist, Tod Mikuriya, MD
We, the 60,000 citizen-patients of the medical cannabis community and our supporters in California, appeal to California Attorney General Bill Lockyer and California Medical Board to cease the investigation and prosecution of Tod Mikuriya, MD.
"no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes." -- Compassionate Use Act of 1996, Health and Safety Code 11362.5 (a.k.a. Proposition 215)
"The Medical Board of California has concluded its investigation into the matter of your treatment and subsequent recommendations and approval of medical marijuana for numerous patients." -- Letter to Dr. Mikuriya from Medical Board chief investigator, Thomas Campbell, 6/28/2002
Dr. Mikuriya is accused of departing from "standards of care" in a few instances out of the Doctors 7500 patients, although no complaint stemmed from a patient, a patients loved one, or any physician. The complaints are all from law enforcement officials, primarily in rural counties. They are plainly using this process to circumvent Proposition 215 protections.
If Dr. Mikuriya is "punished, or denied any right or privilege", we will consider it an attempt to:
* Threaten and silence all doctors in violation of Conant v. Walters and First Amendment speech protections.
* Block patients lawful access to medicine in violation of People v. Mower and guarantees of Equal Protection.
* Undermine the will of the voters in violation of Health & Safety Code 11362.5 (Prop 215) and States Rights.
These unwarranted charges are unfair since they are entirely non-medical as evidenced by the fact, first, there are no established Medical Board "standards of care" regarding cannabis medicines for Dr. Mikuriya to violate. Second, Dr. Mikuriya has previously petitioned the Medical Board specifically to provide those guidelines. As for the quality of care he provides -- "We helped him review his files, case by case. Ive been doing this for 20 years and I have a feel for whether a doctor has a detailed understanding of a case. Mikuriya not only had understanding, he had an unusual level of sympathy for his patients. Im afraid the Board is holding him to an artificially high standard." -- John Fleer, Attorney for Norcal Insurance, Dr. Mikuriyas malpractice carrier.
The California Medical Association has agreed with Dr. Mikuriya and has also called for the Medical Board to establish such guidelines- and then they went further. -- "Be it further resolved that the CMA urge the Medical Board to apply clinically appropriate standards of care to all physicians, and not to apply a higher standard of care or to require a higher degree of evidence in cases where medical marijuana is involved." -- CMA amendment to Dr. Mikuriyas original resolutions, which passed the Reference Committee.
Dr. Mikuriya is more than one of Americas foremost, and earliest, cannabis specialists; he is a trusted and compassionate caregiver, an advocate for his patients and an anchor for the community as a whole. The Doctor was hired in 1967 for his expertise by the federal governments marijuana research project at the National Institute on Mental Health (which became NIDA). He edited the classic Marijuana Medical Papers, 1839-1972; the Indian Hemp Drugs Commission Report; and currently the periodical, OShaughnessys. Dr. Mikuriyas key resource website for medical marijuana is at: www.mikuriya.com.
Dr. Mikuriya is vital to the viability of the cannabis patient community and indispensable to his patients from the exam room to the courtroom. He has testified for hundreds of his patients. Growing up Japanese-American during World War II prepared the Doctor for the battle he is now in for his professional honor and his right to practice medicine. The charges carry vastly disproportionate punishments for such minor complaints. An attack on this one doctor is a blow to thousands of patients.
We urge the Attorney General to:
* Reject the Medical Boards recommendation to criminally prosecute and penalize Dr. Tod Mikuriya, Americas foremost medical cannabis specialist.
* Implement Californias Prop 215 law as voters intended with priority on explicit medical rights protecting doctors and patients.
We urge the Medical Board to:
* Create "standards of care" applicable to Proposition 215 patients with guidance from the California Supreme Court in People v. Mower. That equal protection precedent equates medicannabis patients with anyone using prescription medicines.
* Set low priority for investigations of "third party" (non-patient) complaints that do not claim harm to patients.
* Adopt an open mind about therapeutic uses of cannabis medicines and the advantages of restoring prescription access.
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