Cannabis in California:
Proactive Structuralism versus Rosemary’s baby covens
Tod H. Mikuriya, MD
California Cannabis Research Medical Group

Proposition 215
Compassion for and respect for civil rights
“…any other illness for which marijuana provides relief.”
“ physician in this state shall be punished or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.”
Safe and affordable access to cannabis

 California Compassionate Use Act of 1996
California Health and Safety Code section 11362.5
Effective November 6, 1996

California Criminal Justice Response
Whine in at the White House Office of Drug Control Policy 11-14-1996
Senior Deputy Attorney General John Gordnier
Tom Gade, Special Assistant to the AG
Bob Ellsberg, California Peace Officers Association
Brad Gates, Orange County Sheriff
Tom Gorman, California Narcotics Officers Association
George Kennedy, California District Attorneys Association
Bill Stern, California Chiefs of Police Association
Jim Thomas, California Sheriff’s Association
Les Weidman, California Sheriffs Association
Neil Quinter, Senator Diane Feinstein’s office

Eederal Response: Barry R. McCaffrey threatens California Physicians 12/30/96
Removal of DEA Rx license
Drop from Medicare
Federal law suits
IRS audits
Termination of grants

Physicians and health institutions continue non compliant and fearful.
Physicians and HMO’s are dependent on federal money
Mass self censorship in response to federal threats and despite a court injunction
General fear of involvement with criminal justice system.

Criminal justice chaos
No legislative oversight
Civil forfeiture and slush funds
No general orders
No training or information bulletins
No fiscal audits
Excessive discretionary power
No standard possession or cultivation

State and local government blocked
Passive or captive AG
Refuses to intervene locally
Constitutionally mandated
 deputy AG’s, BNE, local DA’s, prosecutors, judges, and police  block implementation and compliance.
Unaccountable to deliberative and executive governance.
Opportunity for mis and malfeasance

Compassionate Use Act of 1996- Diagnostic tool of governance dysfunction
Passing a law is not enough
Deliberative executive disconnect
Budgetary obfuscation and opacity
Fiefdoms and centers of influence
Elective and non elective covens
Territoriality and arbitrariness
Institutional denial and ignorance

Atrocities in counties; Rosemary’s baby criminal justice covens.
Seriously chronically ill poor
Interagency task forces
DEA, state, county, local police
District attorneys
Which is worse, vicious DA’s & judges or ignorant and lazy defense?
Media free star chambers

Sanctions against physicians
Criminal subpoenas abuse
A mandatory appearance
Milking the cow through the fence
percipient vs expert witness
This letter of approval is not recognized
Exclusionary attempts
Local M.D.’s only, peer review
Malicious referrals to Medical Board

California Medical Board Medical Marijuana Physician Harassment Victims
Steven Banister, M.D
David Bearman.
Stephen Ellis, M.D.
Tod Mikuriya, M.D.
William Eidelman, M.D.
Marion Fry, M.D.
Michael Alcalay, M.D.
Frank Lucido, M.D.

Medical Board of California
Criminal justice complaints and not from any patients
47 abusive accusations with letters to patients.
4 compliant with threats to subpoena records
Unrestrained fishing for evidence
Review by anonomous experts
Ilicit sharing of information
United Airlines MRO, MediCare
Accusatory sanction on medical practice
No new Blue Shield insured patients
Recredentialling problems

Other state, county, and local government
California Highway Patrol
Department of Motor Vehicles
Family courts
Probation Departments
Drug treatment programs
Health agencies
State, county, private

Statewide Audit, Remedial Civil Actions
Taxpayers, Class Action, Individual
Injunctive relief: mandamus for prosecutorial and enforcement malfeasance
Malpractice suits
Compensatory and punitive damages

Community Action
Track and initiate legislation
Identify friends and opponents
Attend political fund raisers
Participate in hearings
Study legislative history
Reach out to broader communities

Legislation with Mandated Implementation & Compliance
Specifies implementation
Includes annual evaluation and reportage
Defines performance indicators
Service Performance Reporting
Cost Efficiency

Planning & Management Systems
Long Range Strategic Planning
20 Year Trends Projections
Annual Evaluation
Short Term Action Planning
Action Oriented
Action Statements

Planning & Management System
Flow Chart

Outcome Management
Program Outcome Statement
Service Priority Direction
Service Delivery Plans
Quality-Effectiveness Measures
Cost Efficiency –Allocated Costs
Activities & Sub Activities
Cost Efficiency – Allocated Costs
Demand Management
Volume of Activities