[Ganoderma]

https://www.mapinc.org/drugnews/v10/n540/a04.html?204

AURORA COPS SAY LOCAL DOC HANDED OUT POT PRESCRIPTIONS TO UNQUALIFIED PATIENTS

AURORA | Police arrested an Aurora doctor Thursday who they say doled out medical marijuana certificates to healthy patients who didn't qualify, including two undercover officers.

The doctor, Manuel Aquino-Villaman, 69, was booked into the Aurora Municipal Jail on charges of attempting to influence a public servant and conspiracy to distribute marijuana, both felonies. He posted $6,000 bond and was released.

Aurora police Chief Dan Oates said Aquino-Villaman's examinations had "all the trappings of a complete fraud" and the two undercover officers were stunned at how easily they obtained his recommendation, despite not having a serious illness or injury.

"We were pretty much shocked," Oates said. "Officers were in there for minutes, they never said they felt any pain or suffered from any conditions that are contemplated by the Colorado law."

Officers launched the investigation because they came across a large number of medical marijuana users, many of whom seemed healthy, with medical marijuana cards issued using Aquino-Villaman's certificate.

Medical marijuana opponents have said for months that Colorado's burgeoning medical marijuana industry is largely propped up by healthy marijuana users who exploit the state's medical marijuana law to use the drug recreationally.

"I think its a widespread problem," said State Sen. Nancy Spence, R-Aurora. "That's why I believe there are close to 100,000 people either on the medical marijuana registry or have applied to be on the registry."

Spence sponsored legislation this year that makes it harder for doctors to give medical marijuana recommendations to patients who don't need them.

Medical marijuana supporters, however, say most medical marijuana patients have a legitimate need for the drug.

"I think the vast majority of patients and doctors are acting in compliance with the law," said Brian Vicente, executive director of Sensible Colorado, a medical marijuana advocacy group. "If there are doctors that are writing recommendations without establishing a bona fide relationship, they should be subjected to sanctions."

Vicente questioned the need for police to crackdown on those doctors though, and said it doesn't seem police have put the same efforts into going after doctors who write bogus prescriptions for other drugs, such as painkillers. "I think it is fascinating the Aurora police would make this a priority when there are people abusing far more dangerous drugs in their community and people engaging in actual violent crime," he said. "Marijuana is a pretty benign substance. I think it just shows that they are wasting taxpayer dollars prosecuting this area."

Chief Oates declined to say if police have launched similar stings against doctors writing bogus prescriptions for other drugs.

"I shouldn't talk about other investigations," Oates said.

But, Oates said, police are not looking to chase down doctors who hand out bogus medical marijuana certificates.

"There was enough evidence about this that we felt compelled to do this minimal inquiry of sending an undercover in," Oates said. "We are not on any crusade against medical marijuana or anything like that."

Aquino-Villaman's arrest could be the first time in Colorado a doctor has been accused of granting bogus certificates and then arrested. Oates said it was certainly the first in Aurora and he didn't know of others in the state. Ron Hyman, director of the state's medical marijuana registry at the Colorado Department of Public Health and Environment, said he had not heard of any other similar arrests.

Hyman said a doctor's recommendation is required for a person to receive their medical marijuana card.

If Aquino-Villaman is convicted of a crime, the State Board of Medical Examiners could strip his license or issue sanctions against it, Hyman said.

If that happens, patients who received a medical marijuana card using Aquino-Villaman's recommendation will not be able to renew their card using his recommendation, Hyman said, and will have to find a new doctor.

Until they are up for an annual renewal, and unless Aquino-Villaman's medical license is stripped or sanctioned, those medical marijuana users will not lose their cards, Hyman said.

[SGMeds]

Scary that they are putting on 'stings' in the dr's office. But, w some basic & simple questioning of the patient... a recommendation fitting the broadly defined conditions in the Constitution is relatively simple, straight forward & legal. Sounds the Dr just got a little sloppy & hopefully a little slap on the wrist.

Always said though, better to hide under the medical laws than to go to jail for something as simple as growing/smoking grass. Everyone should apply & take protections... everyone. An no one else should judge them for doing so.

[Baddog40]

Between doctors being more afraid to recommend and the bigger hassle and expense for people to get cards my prediction is this time next year there will be 75% less cardholders than there are now, and half of those will be growers. They are effectively killing mmj in Colorado.

[HillBillMt]

bound ta see it from time ta time

[Greenmopho]

I predicted this, just for the record, as a foreshadowing of what SB109 will bring us. Find the post in the Colorado HB1284 thread somewhere over a month ago...

Also, this is the fucking doctor I went to go see. I had legitimate medical records and he didn't even look them over, he was very unprofessional, and was actually eating food while asking me the essential questions, and had shit dripping down his chin while he spoke to me. It sucks that now I have to go pay more money with another doctor, in case this guy looses his license and invalidates my recommendation, but he was pretty unprofessional and was doing the "assembly line" approach to writing recs, so he was kinda asking for it...

[Baddog40]

I have no doubt the guy was making tons of money. When I was involved in a dispensary we had him come in twice a week for 3 hours and it was normal for us to pay him over 5 grand in those 3 hours. I dont know how many other dispensaries he was going to each week but I'm sure there were many. The guy had to have been making 20-50 grand or more a week.

The state already said they would bust any Dr writing bad Recs.
This is a good thing. The CO MMJ needs to stay on top of Dr like this old guy.
Now every single person he wrote a rec for is disqualified and the State will let them know, plus they lost that +$200 they spent on that fake Rec.

people should also always double check their Dr for sanctions against them, those with sanctions invalidate a persons Red Card too.

To tell you the truth, I hope they bust every single Dr writing fake rec here in CO, gotta clean up this dirty scene, it's way messed up.
MHO

Originally Posted by Greenmopho

I predicted this, just for the record, as a foreshadowing of what SB109 will bring us. Find the post in the Colorado HB1284 thread somewhere over a month ago...

Also, this is the fucking doctor I went to go see. I had legitimate medical records and he didn't even look them over, he was very unprofessional, and was actually eating food while asking me the essential questions, and had shit dripping down his chin while he spoke to me. It sucks that now I have to go pay more money with another doctor, in case this guy looses his license and invalidates my recommendation, but he was pretty unprofessional and was doing the "assembly line" approach to writing recs, so he was kinda asking for it...

Morph find Dr. Borland he's legit and quick, 5 sec and your done, no rec needed...no sanctions and a great person. He's a funny dude, worth the 50 at the time I went. I think he charges 130 in that range now. He is in Broomfield.

[PolishPotFarmer]

You should be okay with this doctor this round, but need a new one, obviously, for your renewal next year.

Your patients may be o.k, from this article:
Aurora cops say local doc handed out pot prescriptions to unqualified patients - News - Aurora Sentinel

Aquino-Villaman’s arrest could be the first time in Colorado a doctor has been accused of granting bogus certificates and then arrested. Oates said it was certainly the first in Aurora and he didn’t know of others in the state. Ron Hyman, director of the state’s medical marijuana registry at the Colorado Department of Public Health and Environment, said he had not heard of any other similar arrests.

Hyman said a doctor’s recommendation is required for a person to receive their medical marijuana card.

If Aquino-Villaman is convicted of a crime, the State Board of Medical Examiners could strip his license or issue sanctions against it, Hyman said.

If that happens, patients who received a medical marijuana card using Aquino-Villaman’s recommendation will not be able to renew their card using his recommendation, Hyman said, and will have to find a new doctor.

Until they are up for an annual renewal, and unless Aquino-Villaman’s medical license is stripped or sanctioned, those medical marijuana users will not lose their cards, Hyman said.


The process in which a Physcian is stripped of thier license or sanctioned, is quite serious and lengthy. It could be well over a year before that happens. I expect he will fight these criminal charges with everything he's got. It's unprecedented to charge a Dr. with felony intent to distribute marijuana under this scenario. He is not accused of directly providing marijuana to patients, simply allowing them access to dispensaries. Again, unprecented and if he is ultimatly convicted of intent, well that would be a crime in my opinion.

we all know there is intent...this guys a fraud plain and simple. He should be sanctioned. He's fucking with the MMJ community for his own profit.
He knew he was doing this illegally the same way we all know when we are doing things incorrectly or illegally. It was his choice.
He was messing with our constitutional rights by not following procedures.
all he had to do was follow the corect path and he would not have been busted. dumb shit Dr.
There's no f'n reason to not follow procedure, there are so many out there who would pay for his services legally in the MMJ community. f' it.
people will learn the hard way no matter what.

[Baddog40]

Originally Posted by Tr33

The state already said they would bust any Dr writing bad Recs.
This is a good thing. The CO MMJ needs to stay on top of Dr like this old guy.
Now every single person he wrote a rec for is disqualified and the State will let them know, plus they lost that +$200 they spent on that fake Rec.

people should also always double check their Dr for sanctions against them, those with sanctions invalidate a persons Red Card too.

To tell you the truth, I hope they bust every single Dr writing fake rec here in CO, gotta clean up this dirty scene, it's way messed up.
MHO

What did he do different than any other MMJ doctor? Not a damn thing.