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By:Fatques on what we are talking about

By:Fatques on what we are talking about



Granting of Medical MMJ Cards: Canada vs. the USA
In a recent thread, the topic of why it seemed so much more difficult to get Medical Marijuana in Canada in contrast to the USA was brought up. I thought the subject important enough to contrast the difference in approaches between the two countries and explain the underlying differences between the American and Canadian experience.

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There are a number of distinguishing features that have resulted in rendering a Authorization to Possess under Canada's MMAR to be much more difficult to obtain than it is to get a corresponding card in the 14 states that permit MMJ in the USA. Combined, those differences have resulted in vastly divergent approaches between the two countries.

1 - Legislative Illness Requirements: Under the initial Category requirements in Canada, MMJ was available in Canada only for a select group of conditions which are, generally speaking, vastly smaller in number than California. All other MMJ states in the USA, however, are more restrictive than Cali - and most of them are, in fact, more restrictive than Canada's.

So while this difference in illness requirements has something to do with the difference in approach, it's not the main reason for why it's so much harder to access in Canada. This is especially the case where under the new Category 2 system in Canada, illnesses not falling under Category 1 can still be treated with MMJ as long as a specialist agrees that conventional treatment is not appropriate.

2 - Difference in Consumer Driven Medical Culture: In the United States, doctors are genuine service providers who must build their patient base. Those patients are far more prone to switch doctors when they feel they aren't getting the care they deserve - delivered in the way they want. Doctors can compete in price (not overtly by professional regulation in most states, but they still do) but they very much compete in ranges of services they provide and in the quality of their "bedside manner". The overall business culture has affected the way that both doctors and patients see their relationship in the USA as compared to Canada.

The end result is that doctors in the USA are far more obliging to their patients than Canadian doctors are. In general, the difference is one of "patient as consumer" in the USA, vs “patient as parishioner” in Canada.

In Canada, because of National Medicare, it's a very different culture. People switch doctors very rarely. There is a shortage of doctors, so finding a new doctor is more difficult (not nearly as hard as many believe, but not terribly easy in a few areas) Doctors there have a relatively endless supply of patients. If you want to go somewhere else, there's another patient to fill your place in a very short while. So while they need patients as customers too - they don't need them so much that they feel they need to accommodate patient requests to the extent that doctors do in the USA.

In the end, Canadian doctors are GOD. In the USA, American doctors are merely SAINTS. Gods do what they want and say "no", often and capriciously; saints are relatively more accommodating.

This explains a small part of the reason why American physicians are more willing to sign a medical marijuana recommendation; however, it's mostly a cosmetic difference. The other reasons below have a far greater overall impact.

3 - Malpractice Insurance - In the USA, there are a number of malpractice insurance providers to physicians. Not everyone has the same policies and doctors often have some choice regarding who they will choose to be insured with. This means that American doctors have more power in the system. American doctors pay vastly more for malpractice insurance in the USA than they do in Canada (the premiums in Canada are so much smaller it’s not even remotely close) - but at least American doctors don't have to simply "take" whatever their insurer tells them without protest. Most American doctors have options, albeit, not as free-wheeling as say, drivers do for automobile insurance (it varies state to state).

So American medical insurers at least pretend to listen to their insured. To date, American insurers have not raised any significant issues over medical marijuana recommendations, since Conant v. Walters was decided in physicians’ favour.

In Canada, there is the Canadian Medical Protective Association as an malpractice insurer. That's it and that's all. The CMPA is the national insurer of all physicians and surgeons in Canada and there is no alternative. What they say, goes.

Despite the usual concerns over gouging that a monopoly would tend to indicate, doctors in Canada are, generally, extremely well served by the CMPA. Canadian doctor’s insurance premiums are vastly lower, notwithstanding an effective monopoly by the CMPA. The CMPA does not settle malpractice cases, almost never. They force almost everything but a handful of the most incredibly egregious cases of medical negligence you have ever heard of to trial as a matter of company policy. As a consequence, malpractice litigation in Canada is vastly lower than in the USA or even the UK. That's how beneficial the consequences have been from having one single hardest-ass-of-them-all malpractice insurer.

With the plusses come the minuses – and some trash talking attitude, too. After all, what the CMPA says, goes. The CMPA has taken the position that they do not have a duty to defend a Canadian doctor who signs a MMJ Form B1 or B2. They have provided a waiver for patients to sign, yes. However, in the event the patient sues anyways even after signing a waiver, the CMPA's official position right now is: "Doc - you are on your own. Hire your own lawyer. We aren't paying for one as you went outside the boundaries of your policy by signing that MMJ form."

Now, there has not been a single case of a doctor in Canada ever being sued for a MMJ approval - and if there was, I don't think that the CMPA would be excused by the courts from having a duty to defend, waiver or no. Still, the current position of the CMPA is definitely contributing to doctors in Canada refusing to sign a form B1 or B2, as opposed to the relatively accomodating attitude from insurers of American doctors.

4 - Quebec Medical Association: the position of the medical association in Quebec is extremely anti- MMJ. They are at the point now where the QMA is so antagonized by the MMAD, that they encourage all Quebec doctors to refuse to sign any form for any reason and will not hear complaints about it from the public. This is the primary reason that MMAR card holders in Quebec are so low a percentage of all Canadian MMAR card holders relative to Quebec's status as the second largest province in the country. The scheme for MMJ conceived of by the Canadian courts and implemented by the Federal Gov't is one that the QMA has decided it wants nothing to do with.

If the QMA was bound by the Charter, there is no doubt that litigation against it would probably be successful at this stage to force it to play by the rules. But as a non-governmental organization – the QMA is not bound by the Canadian Constitution's Charter of Rights and Freedoms. That is why MMJ is on the verge of essentially becoming a complete failure in the province of Quebec.

5 - MMAD's Investigation Procedures: Above all, this is the primary reason that MMJ is so hard to access in Canada relative to the American experience. It is a distinct difference between Canada's system and the American one. It is so great a difference that, as matters stand, it may eventually have to be changed with more Charter litigation in Canada.

Here's the problem. The Ontario Court of Appeal in R. v. Parker essentially ordered the Canadian Federal Government to implement a medical marijuana program, like it or not. Elements of the Federal Government knee-twitched in response and there was bureaucratic resistance. Nowhere was that urge to resist the court's audacity at forcing the creation of a national medical marijuana program greater than within the RCMP.

Nevertheless, the court's order was clear. The problem was, there was no bureaucracy in Ottawa set up to handle it. So the Department of Justice, which essentially handled the litigation - and the Federal response to it - took over initially by default. Despite the references to "Health” Canada, please remember that health in Canada is administered by the individual provinces, not by the Federal Government or “Health Canada”. The Ottawa bureaucracy of Health Canada is a mere mouse in size, compared to, say, the elephant that is the Ontario Ministry of Health.

So who formed the core of the initial Medical Marijuana Access Division of Health Canada? It was investigators in the RCMP. Yes. Really. The entire MMAD of Health Canada inherited its initial bureaucratic culture not from the people who inspect foods and drugs or test to see if the toys have too much lead paint. No, their bureaucratic culture was established by the RCMP. And they STILL think and act that way to this very day.

A Tale of Two Investigatory Processes

The American Federal Government initially tried the same tactic as would be, in part, adopted by the Canadian Federal Government’s Medical Marijuana Access Division at Health Canada. In fact, the initial American Federal response was far more extreme than Canada’s ever would be. The initial response was "Investigate, intimidate and, if needs be, Decertify any doctor who recommends marijuana to any patient".

In the USA, after Prop 215 was passed in 1996, the initial knee-twitch by Clinton's drug Czar, General Barry McCaffrey, was to announce that the DEA would go after and investigate doctors in California who dared to write a recommendation under the Compassionate Use Act (Prop 215). The DEA would ensure that any doctor who wrote a recommendation would lose his medical license - and hinted they might even go to jail. That was the tough talk from General McCaffrey - an old soldier and now Drug Warrior.

As you can imagine, that tactic scared the crap out of physicians in California. But from the word go, they weren't just going to sit back and take that crap from Washington either, so off to court they went. Conant v. McCaffrey (later renamed to Conant v. Walters, after McCaffrey's successor as drug Czar) was the class action litigation that McCaffrey’s policy spawned.

The Federal Government in the USA fought long, fought well and lost BIG. At virtually every stage.

The Feds lost on motions, at first instance and on appeal. The Federal case was doomed from the very start. Conant was ultimately ended in the Ninth Circuit Court of Appeals, which upheld the injunction preventing the DEA from doing any of the things they threatened to do. A communication between a doctor and his or her patient was ruled private and inviolate and the right of the patient to receive information - and the doctor to provide it - was held paramount. The DEA was permanently prohibited from making any inquiry or investigation of any kind that would interfere or intimidate a physician on Constitutional grounds.

The Conant case ended in 2002 at the Ninth Circuit and leave to appeal to the USSC was later denied. Even the Supreme Court that put Bush in power wouldn't hear the case, it was so clear and egregious an affront to the Constitution. Conant v. Walters lasted seven years, but the end of that case was essentially the real beginning of medical marijuana in the USA. That's why it took so long after 1996 for MMJ to even really get going in California. Most doctors in the USA were effectively scared out of giving recommendations until Conant v. Walters was finalized. There were exceptions brought about by parallel litigation (Conant was not the only case which addressed the issue), but overall, that's a fair characterzation of the evolution of the investigatory process concering MMJ from an American physician's perspective.

And that's the difference. In the USA, there is Conant v. Walters that prevents the government from making any inquiries at all. (We should all thank the Drug Policy Alliance for their intervention in that case, too.)

In Canada, the precise opposite has transpired, with predictable consequences.

In Canada, investigators from the MMAD routinely call physicians about the most innocuous Form B1 or B2 that they sign "just to verify". In Canada, because of the litigation that created the whole system to respond to the court Order, the MMAR is set up so that if the doctor signs, there is no discretion under the MMAR for Health Canada to refuse to issue a card. MMAD does not have any choice BUT to give an applicant an Authorization to Possess and a Personal Production License if the form checks out – that’s the way the law is set up. Not if the applicant has a criminal record, not if the applicant routinely smokes dope on his front lawn (or inside or outside of a bar, either)... not for any reason, really. If you meet the medical criteria, you get the ATP card. Period. But that doesn’t mean they are going to make it easy – and they surely don’t.

So why does it take so long to get your card in Canada? Because MMAD hassles the doctor, virtually each and every time the doctor signs one. MMAD investigators call the doctor's office and speaks to staff “just to verify”. They will even try to persuade the physician to lower the recommended limits, too. It's insane. A Canadian doctor never, ever, faces this sort of routine questioning regarding their medical advice in any aspect of their practice. Canadian doctors can - and do - routinely prescribe far more damaging amounts of highly controlled narcotics that nobody ever reviews. They do it every week. Many of them do it every day of every week.

But with MMJ, the "firm culture" in the MMAD, bequeathed by the RCMP staffers who started it, is to investigate a huge percentage of applications and to always personally call the doctor if the recommended limit is 5 grams or more per day.

It is intimidation of physicians and it works, brilliantly. Doctors talk to other doctors and the profession in Canada has reached the consensus that they don't WANT to be gatekeepers for this sort of thing anymore.

So increasingly, they are just not playing along. Canadian doctors routinely ignore patient requests. The doctors in Canada simply don't care. Complaints, confrontations with patients, letters and more complaints. Whatever the case, the doctors in Canada don't want the hassle of MMAD investigators calling their offices and questioning their medical advice – that’s the bottom line.

In the end, the number of physicians in Canada who will sign a Form B1 is exceedingly low - and Form B2 even lower. They have been threatened by their insurers, their medical association (in the case of doctors in Quebec) and by the MMAD (nee RCMP) into not signing a god-damned thing. And so the vast majority of Canadian doctors want nothing to do with it at all.

Nowhere is this more evident than in this one simple and telling fact: if you ask a Canadian doctor to sign a letter confirming a diagnosis for filing with a compassion club, the overwhelming majority of them will do it without question if you come even close to qualifying for some potential illness that might benefit from MMJ. You ask that same doctor to sign a Form B1 or B2? They refuse. That's because they don't want the damned call from "Health Canada" inquiring into the standards of their medical practice.

Please appreciate it is not simply a call that bothers Canadian doctors, because most of the legitimate compassion clubs will call their office as well. No, it's the nature of the call. The compasion clubs actually call only "just to verify", whereas the MMAD calls, in reality, to investigate. It is a distinction with a very large difference.

Put all of the above factors together and that's why the access to MMJ in Canada is so much harder than it is in the America states that have MMJ laws. This is so even though most of the American state laws concerning medical marijuana are, in fact, much more restrictive on paper than are Canada's MMJ laws.

Bottom line: when it comes to marijuana, doctors don't like LEO very much either.
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B. Friendly

"IBIUBU" Sayeith the Dude
Veteran
Word of advice
my first year i applied for 7g daily and you know it health canada called and i was down to 3g's daily.
So the following year I applied for 10g daily and told my Doc he did not have my permission to talk to Healt Canada or anybody else about my file. So Health Canada had to process my 10g paperwork.
 

VagPuncher

Balls Deep!!
ICMag Donor
Veteran
Disgusted.

Places like that will have the MMAR program privatized in no time.

Its the exactthing Canadas med scene doesn't need. MD's need to be educated on the benefits on marijuana as medicine.

Neo Cons that want to shut down the program will love this.
 
The Dr's that are signing the forms for a grand need to rethink why they became a Dr in the first place.Makes me sick...
email sent
 

mr noodles

Member
private clinics might start to do that all over canada if they see a potential source of revenue .

lets hope they do and get a media coverage ...this will provoke indignation and commotion . it will prove that the mmar is not working for really sick peoples who live with an average disability check of 875 $ per months and cant afford a 1000 $ permit a year period .

of course these fees at the private clinics is not covered ...

i think its the most flagrant proof of the vile effect of the way the mmar is regulated .

in the end , peoples who are sick are the poorest in ours society and they will be the one excluded from the mmar if private clinics start to sign hc papers .


but...i expect that clinics to crumble under college of physicians and federal pressure to close and stop

also the renewal delay of mmar card are breaking new record . a lot of peoples are floating in a gray area because the card are expired and hc dont move their ass or they do it with vile intention . the windsor police chief said that technically the mmar card expired = you break the law for simple possession and they are lurking their options....
 

mr noodles

Member
its the first time the info is public and expect some backlash about that...the anti pot will jump on that to attack the legitimacy of the mmar .i dont expect an happy ending for this clinics

there nothing cool in that if you think about it for a second ...you have to pay for something the charter of right guaranteed you to be free and legal that should be done without hassle when you have the criteria for being a mmar . its in contradiction with article 7 of the charter of right even if it gave access to the article 7 in principle. it denied the foundation of article 7 .

asking a 1000 $ is pure insanity and it might be proved illegal very fast....i dont have a legal formation but it certainly sound in contradiction with the canadian medical system ...but if proven illegal the people who get their exemption via this routes might get their license revoked in no fashion .expect health canada to flip since the info is now public ...

there another groups of doctor that ask for money and force you to give you right to grow to their organization...

sick peoples are being held in hostage here and it make me more sick than what i am now .

when you are really disable and cant work because of a chronic disease , the provincial system gave 875 $ per month to live...how can a person pay 1000 $ and have to buy weed from a scheme ...its asking 83 $ per month for the simple right to medicate yourself ?????????? and i bet they force you to get their designed grower or they dont sign your paper

if private clinics start to do that all over canada , the doctor of the public system will step in a bigger distance and will simply send you top private medicine....

if we have to bribe or pay when we are really sick , the mmar will be dismantle in court in a not so far future .

as a sick person i have to refuse to take that way , its just wrong
 
Pretty ridiculous that they can charge $1000 to sign the necessary paper work, but I don't think it is the clinics fault. They see a market that isn't being served, they offer their services at a price they feel compensates them for the risk they are taking by signing any individuals papers, and voila! For $1000 you can have your license! The fact that this clinic is able to do this is a comment on how ineffective the MMJ system is in Canada.

That being said, if this sort of thing was offered in Alberta I would really consider shelling out the $1000 for the license. You could grow without concern...$1000 isn't much for peace of mind.
 

dmt

Active member
Veteran
my view is the more licenses, the more meds, the more legal grows, the more acceptance, the more dispensaries the better.

if a doctor capitalises on a niche market, why not.

by the end of this year we are predictiing 4-6 more dispensaries in metro vancouver alone, that is progress, though illegal, another service pioneered by people that may have been unemployed?

i havent had my card due to complications since october, its already almost febuary. hc said that the police have no authority becuase im in a "renewal process".

the more the flaws are brought to the attention of the masses the better, good or bad.

celebrities make sex tapes and are defamed by churches, but the result is more publicity and awareness of the people, person.

i say rock on doc, we need more people open to pot as it was intended, meds, fuel, food, shelter, clothing, d
 
Found the artical:

Windsor women lives in fear, using medical marijuana with expired exemption.
WINDSOR, Ont. -- “Sarah” puts her lips to the vapour-filled bag, inhaling medicine and worry in one intoxicating breath.

The 52-year-old Windsor woman, who did not want her real name used, is a Health Canada-approved medical marijuana user. Or, at least, she used to be.

Right now she lives in limbo, largely shutting herself in at home alone with a federal medical marijuana card that expired at the beginning of December, with no explanation why her renewed exemption hasn’t arrived. And with fears about the law.

“There’s a lot of pain,” she said through tears, her bare feet knotted, her hands and voice trembling. “They shouldn’t leave people in a predicament like this. They shouldn’t make a system that is so difficult. If you’re this sick, you can’t fight a system.”

Sarah was diagnosed with hepatitis C in 1997. She doesn’t know how she contracted the disease, but knows the havoc it wreaks. It led to a raft of worsening auto-immune and neurological ailments — “white noise” in her head and pain throbbing in her hands, feet, arms and legs. Doctors suspect multiple sclerosis.

She popped prescription drugs. But methadone has its own dulling trance.

Still her problems persisted. Her liver weakened. Her infectious arthritis worsened. She lost 25 pounds in a year. Her hands trembled.

About a year and a half ago, a doctor prescribed medical marijuana, on the belief that it reduces pain and tremors and increases appetite.

Health Canada issued her a medical marijuana photo card.

She lives on little more than $1,000 a month through Ontario disability assistance and can’t afford the $150 every five days she says it would cost to buy her prescription from Health Canada. So she found a compassion club, which she says mails her marijuana for free.

She bought a $1,000 vaporizer, to avoid the harsh smoke of joints.

She consumes perhaps five grams of weed a day. Sometimes she eats it. She says her only two cookbooks are marijuana-themed.

She fared relatively well. Still slowly dying, yes, but coping better than before. Until December.

“I can’t go out of my house with my medicine right now,” the mother of grown children said in her modest apartment, a small baggy of pot at her elbow. “I can’t have anybody in.”

The Marihuana Medical Access Regulations came into force July 30, 2001, allowing Canadians suffering from grave or debilitating illnesses to consume marijuana. Severe pain from such things as multiple sclerosis, arthritis and epilepsy is the main reason for exemptions.

Users must renew their cards yearly, since cannabis remains otherwise illegal.

Across the country, 1,977 physicians have prescribed medical marijuana more than once.

“Physicians are expected to use their best judgment in deciding whether to complete a medical declaration under the MMAR,” reads an online policy of the College of Physicians and Surgeons of Ontario. “To date, there have not been adequate studies that prove that marijuana is effective in relieving symptoms associated with serious medical conditions. The adverse effects of marijuana include the harms associated with smoking.”

Chad Clelland, director of community relations for Medicalmarijuana.ca, said a number of studies over the years indicate the wide-ranging benefits of the cannabis sativa plant. He also said his organization advises medical marijuana users to reapply for licence extensions 10 weeks in advance, and that initial applications reportedly take as long as five months.

Health Canada spokesman Gary Holub said processing usually requires about eight weeks.

“Since marihuana is not an approved drug, the MMAR require that holders of an authorization to possess dried marihuana for medical purposes have their cases reviewed by a medical practitioner every year, in order to assess the risks and benefits of using marihuana for medical purposes and to discuss whether new, approved treatments have become available that might be more appropriate for their care,” Holub wrote in an email. “If the authorized person no longer has the support of their physician to use marihuana for medical purposes, then Health Canada would not renew the person’s authorization to possess.”

A drug infraction would also revoke a licence.

Windsor police Sgt. Brett Corey said officers would assess individual cases in deciding whether to arrest a medical marijuana user with an expired Health Canada card.

“If you go by the letter if the law, if someone is in possession of marijuana with an expired licence from Health Canada, then technically they are in contravention of the act,” Corey said Wednesday. “But it would be up to the officer’s discretion whether to charge. We’re going to take in a number of factors.”

Corey said Windsor police know of several medical marijuana licences in the Windsor area, but they do not appear common.

Sarah, meanwhile, feels the system overflows with bureaucracy and therefore forces participants into criminal activity.

“I didn’t realize the landmines I was walking into,” Sarah said. “I didn’t realize how hard it was going to be using medical marijuana. The system is set up to fail.”
 
O

organizedcrime

my view is the more licenses, the more meds, the more legal grows, the more acceptance, the more dispensaries the better.

if a doctor capitalises on a niche market, why not.

by the end of this year we are predictiing 4-6 more dispensaries in metro vancouver alone, that is progress, though illegal, another service pioneered by people that may have been unemployed?

i havent had my card due to complications since october, its already almost febuary. hc said that the police have no authority becuase im in a "renewal process".

the more the flaws are brought to the attention of the masses the better, good or bad.


celebrities make sex tapes and are defamed by churches, but the result is more publicity and awareness of the people, person.

i say rock on doc, we need more people open to pot as it was intended, meds, fuel, food, shelter, clothing, d

hey dmt are you a cat 1 or 2 patient?
ps why the trouble with the renewal? thats bullshit

im in the 2nd try of getting my mmar forms signed , hopefully this summer ill have some nice big trees in my backyard for my neighbors to look at / smell


pps. my application for the MMAR program in no way advocates "medical" marijuana or the laws behind it. i just cant handle getting charged or going to jail after my last run in with johnny law. i think the whole system is bullshit and i find many medical marijuana patients on this board to be arrogant douche bags in the way they look down on illegal growers.
 

B. Friendly

"IBIUBU" Sayeith the Dude
Veteran
im sorry but my generalist and rhumathologist dont want to sign anything and told the same story . i even contacted the colleges des medecins and they told me they prohibited all their members to prescribe marijuana for any reason . maybe they lied to me ...
dude you where lied to. You tell them that mj works for your symptoms and how much you are smoking and that's it.
I understand the small minded doctors in rural areas. Sorry to hear it bro, they must have grown up during refer madness.
I have had my license for a couple of years now and I feel for ya bro. The fact that you had to see a Rhumatologist is proof enough you have a serious illness requiring a specialist?????
Word to the wise out there in the application process your doctor or specialist will be contacted by Health Canada especially if you are over 3g's daily. This happened to me the first year and I was reduced from 7g's daily down to only 3g's. So the next year i applied for 10g's daily and told my doc he did not have my permission to talk to anybody about my file, Health Canada and Fraser Health Authority especially. And what do you know I got my 10g limit.
 
if a doctor capitalises on a niche market, why not.

The Dr's have indeed found a niche in a market. I have no problem with entrepreneurs making money.
The problem I'm having with all this, is the monopoly. Only they can fill the prescription for the patients. At a HUGE mark-up price, their sole purpose being to fatten their wallets. They have a very specific clientele, the SICK.
Most patients are on disability with a low fixed income. To some, $1000 is not much money, but to others $1000 is a life savings. Pay up, or risk going to jail for being poor...This is bullshit...

monopoly

(from Greek monos / μονος (alone or single) + polein / πωλειν (to sell)) exists when a specific individual or an enterprise has sufficient control over a particular product or service to determine significantly the terms on which other individuals shall have access to it.

God Speed
 

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