HSC 11362.5
Implementation and Compliance:
Non-compliance, inactivity, confusion, and collusion

Tod H. Mikuriya, M.D.
Director NIMH Marijuana Research 1967
CA Cannabis Consultant
Medical Review Officer & Certified Addictionologist
CA Cannabis Research Medical Group founder
Society of Cannabis Clinicians, President
Former cannabis centers research coordinator

California Compassionate Use Act of 1996
(Health &Safety Code 11362.5) Section 1 C
“Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.”

Slide 4

Nine days after Proposition 215 became California law a closed whine-in at the White House Office of Drug Control Policy 11-14-1996 to block it. (FOIA document Pat McCartney)

California Criminal Justice Attendees

Former Drug Czar General Barry R.  McCaffrey
accords Dr. Mikuriya international recognition
and threatens California physicians
“This isn’t medicine, this is a Cheech and Chong Road Show”

Senator Vasconcellos, AG Lockyer, and Santa Clara County DA Kennedy (1996 Washington DC McCaffrey meeting), 1999
Medical Marijuana Working Group

Unidentified prison industrial complex lobbyists who showed up for the last open Lockyer-Vasconcellos working group  to inform the group the proposed implementation and compliance was DOA

Slide 9

Senior Assistant Attorney General John Gordnier
White House Office of National Drug Control Policy
 secret meeting 11-14-1996
“We believe that…state law does not preclude state peace officers from enforcing federal law.” (emphasis original)

California Narcotics Officers Association

CNOA Tentacles of Influence

More CNOA Tentacles

Sanctions Against Physicians

Medical Board Investigation and Prosecution of California Doctors
Marcus Conant, M.D.
Steven Banister, M.D.
David Bearman, M.D.
Willaim Eidelman, M.D.
R. Stephen Ellis, M.D.
Tod Mikuriya, M.D.
Frank Lucido, M.D.
Michael Alcalay, M.D.
Marion Fry, M.D.
Carol Wolman, M.D.
Robert Sterner, M.D.

Steven Gossett: Fake Patient
Actual Sonoma County Sheriff Deputy
“former DEA” dual certified
Presented at an Oakland clinic. Left his wire off for fear of discovery

Medical Board Investigative and Prosecutorial Abuse turns immunity of physicians from sanction on its ear. The cover story is “standards of practice”

Proactive Responses

Medical Board Reform

Statewide Audit Implementation and Compliance
Training and Information Bulletins
Health Department Implementation
Department of Justice Leadership

Implementation varies from county to county and even from city to city
For example the cities of Oakland and Newark, both in Alameda County.

On the other hand, the city of Newark is Noncompliant

Remedial Civil Actions

Reasons to be Hopeful
Eight years have passed and we are still moving forward, albeit slowly
Implementation through judiciary
More doctors are coming out and writing recomendations
Although MBC guidelines are overly harsh and restrictive, at least we know the ground rules
Cannabis is a safe and effective medicine
The number of patients continues to grow

Thank You