Ohio Cannabis News

  • entries
    22
  • comments
    27
  • views
    3,635

Contributors to this blog

Updated! - Affirmative Defense Was Successfully Used By an Ohio Resident Following a Raid Last Week

Affirmative Defense Has Been Successfully Used After A Full On Raid

There was a full on raid done by an Ohio city against a man for a small amount of concentrate.  He was successfully able to use Affirmative Defense and received his medicine back, but also an apology and perhaps retribution for any damages done during the raid.

The patient used the Ohio Patients Network form to correctly document his medical marijuana conditions after seeing an Ohio medical marijuana friendly doctor.

This story is just developing and we will get more info up here to this blog entry ASAP - so stay tuned!

 

UPDATE 3/29/17 - Last week an Ohio patient successfully used an O.P.N. (Ohio Patient's Network) recommendation form. Unfortunately, it was not done with ease.  To clarify before more speculations arise on social media, we are not suggesting this will work in every case scenario.  We are simply giving the general public a story of success.  Also, all parties involved will NOT be published, due to HIPPA compliance law.

The patient flew home to Ohio from Colorado last Thursday, it is not clear why the TSA alerted the local task force; however they were able to obtain a search warrant by 6 a.m. Friday.  The patients home was then raided, but authorities only discovered 5 grams of concentrate.  The patient's attorney arrived to explain that his client was within the bounds of Ohio law, as said patient has a qualifying condition and a doctors recommendation using the Ohio Patients Network Form that we have listed below.

The medication was then given back with an apology, along with immunity from further prosecution, related to this case.

If any or more info arises, we will continue to update this blog entry.

 

Suggested_MMJ_Form.thumb.PNG.23109275a5a71d0bd4b56d4d0315a258.PNG

 

 

 


1 person likes this


14 Comments


Guest Isabella

Posted

I have been following tbe law. I am crazy chronically ill (headed to mayo clinic as I type this kina sick) as a teen.. weed put me in to complete remission. I am an adukt now and know to be an adult. I habe not found any MMJ friendly drs yet... where are they? I qualify out the ass for this and need help..I also dont metabolize big pharm meds.. labs to prove it. I cant have the meds I need and no dr knows how to help. Time to simplify it. Where is the list of drs or some help for the critically ill and bed ridden.

Share this comment


Link to comment
Guest anamerikhan

Posted

There is a Medical Cannabis Symposium coming to Columbus, May 31-June 1, for physicians, nurses, medical students to learn and earn CMEs (Continuing Medical Education) credits,  provided by the nations leading Cannabis Experts... while this doesn't help you, directly, now... it does help ensure doctors will be learning what they need to know to recommend natural Cannabis as an alternative to other standard forms and methods of treatments.    Dr Ethan Russo, Dr Dustin Sulak, & others will be presenting in depth the Endocannbinoid system, how cannabis can works for patients, and give them the tools they need to be able to effectively recommend cannabis as a medicine to their patients.   We hope your doctor will attend.  please see:    http://cannabisexpertise.com/    and spread the word... thank you & one love,  a fellow patient in Ohio

Share this comment


Link to comment
Guest kke

Posted

Please. Although pretty it is SO hard to read that orange small font. Link to easier to read & more info. ?  

Share this comment


Link to comment
Guest fatbandoneonman

Posted

What is the affirmative defense?

Share this comment


Link to comment
Guest Guest

Posted

I am from MI so Ohio may be different. In MI if you are arrested the affirmative defense means in court you can argue that you have a medical reason for possession and use. And if a jury believes you they have to acquit. In MI having a card is supposed to keep you from being arrested but if they choose to and let the court decide you have a pretty clear winning case. 

Share this comment


Link to comment
On 3/26/2017 at 0:46 PM, Guest Guest said:

I am from MI so Ohio may be different. In MI if you are arrested the affirmative defense means in court you can argue that you have a medical reason for possession and use. And if a jury believes you they have to acquit. In MI having a card is supposed to keep you from being arrested but if they choose to and let the court decide you have a pretty clear winning case. 

It is the same here in Ohio, only we do not have Medical Marijuana Cards to carry around on our person yet since our programs rules are still be designed and implemented.

Share this comment


Link to comment
On 3/25/2017 at 10:17 AM, Guest kke said:

Please. Although pretty it is SO hard to read that orange small font. Link to easier to read & more info. ?  

We will have the person who made that use a different color on the next one.  We are awaiting more info on this before we post it publicly but should have something to update in a couple of days.

Stay tuned!

Share this comment


Link to comment
On 3/24/2017 at 9:40 PM, Guest Isabella said:

I have been following tbe law. I am crazy chronically ill (headed to mayo clinic as I type this kina sick) as a teen.. weed put me in to complete remission. I am an adukt now and know to be an adult. I habe not found any MMJ friendly drs yet... where are they? I qualify out the ass for this and need help..I also dont metabolize big pharm meds.. labs to prove it. I cant have the meds I need and no dr knows how to help. Time to simplify it. Where is the list of drs or some help for the critically ill and bed ridden.

We are still working on finding and compiling a list of doctors who are Pro-MMJ.  Once we have some that are willing to go public we will list them on on our Doctors page.

Share this comment


Link to comment
Guest HWYLMB,Ohio

Posted

Where is One MM Doctor in Cleveland, Ohio

Share this comment


Link to comment
Guest Raptor

Posted

I mentioned MMJ to my doctor and he got scared. Lol

Share this comment


Link to comment
On 3/30/2017 at 4:39 AM, Guest Raptor said:

I mentioned MMJ to my doctor and he got scared. Lol

Help him get educated!  Send him to this website or the main medicalmarijuana.ohio.gov website.  Fear comes from unknown things and once one is educated they can see all of the beneficial things cannabis does for humanity.

 

Share this comment


Link to comment
Guest Rob Ryan

Posted

I am the author of the Ohio Medical Marijuana Recommendation form referenced and used in the OhioCannabis website story above, am going to make a couple corrective comments.
1) This worked exactly as planned. There was no arrest thus no court case.
2) There was no affirmative defense used in this situation
3) The document was not an affirmative defense form
4) The document was an Ohio Medical Marijuana Recommendation.
The real purpose of the form is three fold 
1) To make Ohio Physicians aware they can recommend Medical Marijuana NOW! So they can deal with Ohio Patients using marijuana/cannabis for their qualifying condition. This will also get them used to dealing with marijuana for therapeutic purposes.
2) For the patient to interact with their physicians in an open and honest manner and to have some level of comfort if they have a law enforcement encounter they will be able to defend themselves in court if needed. Prior to HB523 being effective September 8th 2016 a patient could be blocked from bringing this up in court due to Senate Bill 2 passed in 1997.
3) To make the law enforcement officer aware that the patient medical marijuana recommendation is in full compliance with HB523 as passed by the 131st Ohio General Assembly and signed by Governor Kasich on June 8th 2016.I, the author of the Ohio Medical Marijuana Recommendation form referenced and used in the OhioCannabis website story above. I am making a couple corrective comments below.

1)     This worked exactly as planned.  There was no arrest thus no court case.

2)     There was no affirmative defense used in this situation

3)     The document was not an affirmative defense form

4)     The document was an Ohio Medical Marijuana Recommendation.

The real purpose of the form is three fold:

1)      To make Ohio Physicians aware they can recommend Medical Marijuana NOW! So they can deal with Ohio Patients using marijuana/cannabis for their qualifying condition. This will also get them used to dealing with marijuana for therapeutic purposes.

2)      For the patient to interact with their physicians in an open and honest manner and to have some level of comfort if they have a law enforcement encounter they will be able to defend themselves in court if needed.  Prior to HB523 being effective September 8th 2016 a patient could be blocked from bringing this up in court due to Senate Bill 2 passed in 1997.

3)      To make the law enforcement officer aware that the patient medical marijuana recommendation is in full compliance with HB523 as passed by the 131st Ohio General Assembly and signed by Governor Kasich on June 8th 2016.

I highly recommend that you read Ohio Patient Network article titled  “Ohio Physicians have a Green Light to Recommend Medical Marijuana” at <http://www.ohiopatientsnetwork.org/index.php/25-medical/74-ohio-physicians-geeen-light-to-recommend-medical-marijuana>

Rob Ryan

Share this comment


Link to comment

Thank you for taking the time to go deep with everyone on this Robb, we all appreciate the work you do and look forward to seeing you at our 1st Symposium May 27-28th at the Columbus Convention Center!

Share this comment


Link to comment
Guest
You are commenting as a guest. If you have an account, please sign in.
Add a comment...

×   You have pasted content with formatting.   Remove formatting

  Only 75 emoticons maximum are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor