CA: Necessity of renewing Prescription - California - International Cannagraphic Magazine Forums

Abja Roots · 04-19-2010, 09:29 PM

The question is this. Is it necessary every year to renew your prescription?

I can't seem to find it, but I thought I saw an article that said that the supreme court had stated that it was not necessary to renew your prescription. Since there is no reason for the doctors recommendation to cease to be valid. If anybody has a link to a legal document or recommendations on sites where I could search for this. Link me up

If anyone knows anything about this let me know. It just seems like a huge racket and a tax. Especially on people who are genuinely not well and economically in a tough position. I already don't renew my ocbc card. I would like to not renew my script.

medmaker420 · 04-19-2010, 10:03 PM

I see a need to renew simply due to going in for a checkup. See if your plant count is enough for your condition among other reasons. I do not see the point in paying a doc another $XXX each year HOWEVER I am not positive what all money a med marijuana doc makes and for them to stick their license on the line for my medical needs makes me more than happy to pay each year. I would assume that some are doing it because they believe in medical marijuana and patient rights BUT others might like the freedom to run their own practice and out of the government ran hospitals. However I would also assume that they would like to be 100% paid a doctors salary.

Hell odds are most clubs and vendors make more than the medical marijuana doctors BUT I could be wrong.

I mean what do they get paid for, just the card itself? What other funds go to them? I mean yes if they have 5k+ renews a year it could be DAMN rewarding and odds are many docs have far more than the above BUT many odds are have much lower.

It makes me want to see what all type of schooling is needed to quality just to work at a medical marijuana doctors office. Wonder if they need cna's rn's and all that or mainly clerical and those who do the first exam.

Ocean Grown · 04-19-2010, 10:49 PM

A rec doesn't ~require~ a renewal unless the Doctor places limitations on it's duration.
ALL will. It's not just a money thing, it's being a good doctor.

BUT... It's considered negligent for any doctor to not meet "the standard of care" set by the CMA for any condition: At least one a year.

Some reading for extra credit (if you want to see the MMJ guilines for doctors in cali)

Medical Guidelines for Doctors-CMA oncall 1315:
https://www.cmanet.org/bookstore/free...TOKEN=27566287

Skip 2 meals out or ditch Starbucks for McDonalds for coffee for a month and you have the $ to see Doc. yearly. No doctors are free. Why should they be? Face it, the $35-$125 renewal is a bargain! You likely spilled into the carpet that much cannabis in a year.

FreezerBoy · 04-19-2010, 11:00 PM

Not a med user but, I have to think Ocean Grown is right. I've never had an open prescription to any medication. If we want MJ to be accepted as medicine, we have to accept standard medical procedures.

Abja Roots · 04-20-2010, 05:09 AM

Thanks for the responses.

I'm more interested on whether there are any cases which have been tried, where a person was within the rules but had a prescription which had expired. If the pre-existing prescription was honored by the police or the courts.

I have a friend that I grow for. His prescription has expired and I was wondering if it was necessary to get it renewed. Thankfully it's a small fee, so it's not a big deal. I was more interested in the legal aspect.

Thanks OceanGrown, thanks FreezerBoy

If anyone has a link to a case such as this, it would be much appreciated.

04-20-2010, 06:11 AM

It's not a prescription but a recommendation for starters. If you have an expired rec you should still be OK but best to keep it current. Yes I've seen instances with peeps that got 'caught' with an expired rec and think there was some court case that set precedent for it being OK? That was awhile ago and a bit rusty on that one.

phattybudz · 05-02-2010, 08:20 AM

I am curious about this as well... Mine is expiring soon but I don't have health insurance and I wasn't sure they'd renew it without my having seen another regular doctor of some sort first. The whole point I use mmj is because the shit my regular doctors told me either doesn't work or will be more damaging over time, so I don't want to waste money seeing them to hear the same stuff.

I'm with medicann, and I know they want you to have seen a doctor again recently, but do you absolutely have to? Is there a cheap option if you're uninsured atm? TIA.

*EDIT*

funny enough I remembered creating a thread about this, and KMK420KALI wrote this in my post here: Your Rec never expires-- However, when I used this in Court, for my son...the DA wanted proof that his condition still was valid-- He was a dick...but ended up dismissing charges in the end--
Here is the Case--
https://www.chrisconrad.com/expert.witness/windus.htm"

__________________

vta · 05-02-2010, 05:52 PM

Quote:

Originally Posted by Abja Roots

I have a friend that I grow for. His prescription has expired...

Have him get renewed! If you are growing for someone, for your safety, make sure their rec is current. Leos just love technicalities.

05-03-2010, 08:51 PM

Mine dates to 2001 and it's still good. My Doctor has made it clear to me it is good for life.

So it depends on the Doctor. Mine thinks cannabis is a useful medication for me and he is correct.

But if you have questions it's best to ask the Doctor who issued it since it will come down to them validating your paper work.

But yes we did win the case and that thread was in the old politics forum.

ecxtky · 05-05-2010, 07:06 PM

Interesting question, and I have to agree with all responses.
I would have my patient renew because if the authorities want to check out your grow then you have legal back up to justify the amount of plants being grown.
Plus the amounts being dried and cured and such.
If you were to be asked (god willing not) then you would have to prove that your are within legal limits and even one plant could land you in some trouble in our backwards justice system.
Most renewals cost 35 and up. So it's money well spent because it will keep evil eyes, noses, tongues, and police at bay.
When mines expired I was shitting bricks because of my personal grow... you never know man, the feds still don't accept it.

04-19-2010, 09:29 PM	#1
Abja Roots ABF(Always Be Flowering) - Founder Join Date: Sep 2008 Posts: 2,146	CA: Necessity of renewing Prescription The question is this. Is it necessary every year to renew your prescription? I can't seem to find it, but I thought I saw an article that said that the supreme court had stated that it was not necessary to renew your prescription. Since there is no reason for the doctors recommendation to cease to be valid. If anybody has a link to a legal document or recommendations on sites where I could search for this. Link me up If anyone knows anything about this let me know. It just seems like a huge racket and a tax. Especially on people who are genuinely not well and economically in a tough position. I already don't renew my ocbc card. I would like to not renew my script.
	Quote

04-19-2010, 10:03 PM	#2
medmaker420 Prop 215 Cali Patient A.k.A. The Aardvark Join Date: Dec 2008 Location: California Posts: 3,609	I see a need to renew simply due to going in for a checkup. See if your plant count is enough for your condition among other reasons. I do not see the point in paying a doc another $XXX each year HOWEVER I am not positive what all money a med marijuana doc makes and for them to stick their license on the line for my medical needs makes me more than happy to pay each year. I would assume that some are doing it because they believe in medical marijuana and patient rights BUT others might like the freedom to run their own practice and out of the government ran hospitals. However I would also assume that they would like to be 100% paid a doctors salary. Hell odds are most clubs and vendors make more than the medical marijuana doctors BUT I could be wrong. I mean what do they get paid for, just the card itself? What other funds go to them? I mean yes if they have 5k+ renews a year it could be DAMN rewarding and odds are many docs have far more than the above BUT many odds are have much lower. It makes me want to see what all type of schooling is needed to quality just to work at a medical marijuana doctors office. Wonder if they need cna's rn's and all that or mainly clerical and those who do the first exam. __________________ Growing Elite Marijuana SUPPORT 100% DECRIMINALIZATION sending positive growers karma to everyone, the aardvark
	Quote

04-19-2010, 11:00 PM	#4
FreezerBoy Was blind but now IC Puckbunny in Training Join Date: Dec 2007 Posts: 11,517	Not a med user but, I have to think Ocean Grown is right. I've never had an open prescription to any medication. If we want MJ to be accepted as medicine, we have to accept standard medical procedures. __________________ . . FreezerBoy's Destroyer Diary-Completed...... FreezerBoy's Thunk Diary-Completed...... Beginners Links
	Quote

05-02-2010, 08:20 AM	#7
phattybudz Member Join Date: Jan 2008 Location: 742 Evergreen Terrace Posts: 930	I am curious about this as well... Mine is expiring soon but I don't have health insurance and I wasn't sure they'd renew it without my having seen another regular doctor of some sort first. The whole point I use mmj is because the shit my regular doctors told me either doesn't work or will be more damaging over time, so I don't want to waste money seeing them to hear the same stuff. I'm with medicann, and I know they want you to have seen a doctor again recently, but do you absolutely have to? Is there a cheap option if you're uninsured atm? TIA. EDIT funny enough I remembered creating a thread about this, and KMK420KALI wrote this in my post here: Your Rec never expires-- However, when I used this in Court, for my son...the DA wanted proof that his condition still was valid-- He was a dick...but ended up dismissing charges in the end-- Here is the Case-- https://www.chrisconrad.com/expert.witness/windus.htm" __________________ __________________ Ongoing 6 Bucket 1K DWC grow: https://www.icmag.com/ic/showthread.php?t=191389
	Quote

04-19-2010, 10:49 PM	#3
Ocean Grown Banished from the Kingdom Join Date: May 2007 Posts: 138	A rec doesn't ~require~ a renewal unless the Doctor places limitations on it's duration. ALL will. It's not just a money thing, it's being a good doctor. BUT... It's considered negligent for any doctor to not meet "the standard of care" set by the CMA for any condition: At least one a year. Some reading for extra credit (if you want to see the MMJ guilines for doctors in cali) Medical Guidelines for Doctors-CMA oncall 1315: https://www.cmanet.org/bookstore/free...TOKEN=27566287 Skip 2 meals out or ditch Starbucks for McDonalds for coffee for a month and you have the $ to see Doc. yearly. No doctors are free. Why should they be? Face it, the $35-$125 renewal is a bargain! You likely spilled into the carpet that much cannabis in a year.
	Quote

04-20-2010, 05:09 AM	#5
Abja Roots ABF(Always Be Flowering) - Founder Join Date: Sep 2008 Posts: 2,146	Thanks for the responses. I'm more interested on whether there are any cases which have been tried, where a person was within the rules but had a prescription which had expired. If the pre-existing prescription was honored by the police or the courts. I have a friend that I grow for. His prescription has expired and I was wondering if it was necessary to get it renewed. Thankfully it's a small fee, so it's not a big deal. I was more interested in the legal aspect. Thanks OceanGrown, thanks FreezerBoy If anyone has a link to a case such as this, it would be much appreciated.
	Quote

04-20-2010, 06:11 AM	#6
Yankee Grower Guest Posts: n/a	It's not a prescription but a recommendation for starters. If you have an expired rec you should still be OK but best to keep it current. Yes I've seen instances with peeps that got 'caught' with an expired rec and think there was some court case that set precedent for it being OK? That was awhile ago and a bit rusty on that one.
	Quote

05-03-2010, 08:51 PM	#9
JackTheGrower Guest Posts: n/a	Mine dates to 2001 and it's still good. My Doctor has made it clear to me it is good for life. So it depends on the Doctor. Mine thinks cannabis is a useful medication for me and he is correct. But if you have questions it's best to ask the Doctor who issued it since it will come down to them validating your paper work. But yes we did win the case and that thread was in the old politics forum.
	Quote

05-05-2010, 07:06 PM	#10
ecxtky New Member Join Date: Dec 2009 Location: California Posts: 17	Interesting question, and I have to agree with all responses. I would have my patient renew because if the authorities want to check out your grow then you have legal back up to justify the amount of plants being grown. Plus the amounts being dried and cured and such. If you were to be asked (god willing not) then you would have to prove that your are within legal limits and even one plant could land you in some trouble in our backwards justice system. Most renewals cost 35 and up. So it's money well spent because it will keep evil eyes, noses, tongues, and police at bay. When mines expired I was shitting bricks because of my personal grow... you never know man, the feds still don't accept it.
	Quote