Wild Court Moments #70 Pain!
Medical Marijuana and bond conditions. Hon. J. Cedric Simpson’s Preliminary Examination Docket on 3/29/2022 …
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Mike, to demand that this defendant should not take pain medication, in this case, cannabis – legal both recreational and most importantly medically – would be the same as not drinking alcohol. Yes, I agree to driving safely, do maybe restrict him to only taking it before bed and not driving for a minimum of 8 hours. I take it for Trigeminal & Occipital Neuralgia and would be suicidal quickly without the balancing act of medications that I'm on. I never drive on cannabis, so I feel where he's coming from.
What does it mean to wave for formal reading? What is a formal reading?
Big difference between CBD and THC oil and these judges need to get the program because I don't approve of getting high and driving I do believe that if it is legal in any state and used for medical reasons they should be allowed to use it and there's over the counter test kits for it
If he has a med card…it is prescribed by a dr. And I'm almost positive that just like benzodiazepines ect. You are not to drive while on some medications!
My only problem with this is if he is in a insurance battle over his back he has a Doctor that will prescribe opioids. Opioids are way more addictive and can also cause a DWI. But I think she handled it well and told him to provide the proof.
Yeah, having a medical recommendation card gives no one free license to drive while intoxicated.
In all honesty, the only reason folks get a medical cardin WA is that it is the only way to grow at home and no retail tax. You also get higher limits.
THC might help, but can't drive on it. For instance, if I take anti-seizure drugs I have to prove it won't affect my driving. Same with anti-pain, opioids are the only real painkillers but probably are not a good idea when driving a crane or a 2 tonne car if taken in high enough quantities.
Had David not been arrested for DUI (alcohol), it sounds like it would be legal for him to drive under the influence of marijuana as long as he is not impaired. Since, at this point, he is assumed to be innocent of the DUI charge, I fail to see the justification for prohibiting him from using marijuana.
Also, there are many things that can impair someone's ability to drive safely (e.g. lack of sleep, drowsiness caused by many prescription medications, emotional upset.) The assumption appears to be that someone cannot be trusted to exhibit good judgement regarding their fitness to drive after being charged with DUI, but only if the possible bad judgement involves impairment caused by drinking alcohol or smoking weed, and not impairment caused by any other condition. The issue should be bad judgement. In which case, I don't see why someone should not be prohibited from taking any medication that night cause drowsiness while awaiting trial for DUI if a person who has a medically necessary need for weed is denied access to their medication because they might exercise bad judgement and drive while impaired by that medication.
If he didn’t Drive Drunk, these people would not be in his life, punishment isn’t supposed to be fun, and this is a hearing for release! He could have killed somebody!!!!!
So, if his doctor changes him to Oxycodone on prescription that would be OK?
The problem I have with this is that Judges aren't doctors and they don't have the expertise to determine if someone has a valid medical reason to use marijuana. Oregon allows recreational marijuana use, but this guy still got a prescription. Maybe judges should be allowed to order a re-evaluation, but I don't think she should make medical determinations. Only thing that puts me on the side of the judge is that this is driving-related, so I would be okay with "if you want to continue driving…"
What will the jail do when he shows them his medical Marijuana card?
My question is how do they treat regular RX medications that can cause impairment? If he was prescribed some other drug, say benzos for a serious mental problem, those also cause impairment while driving, would he be allowed to take those? If so medical marajuana should be treated the same. If I was him I would get a letter from my doctor to back up the absolute need for it and show proof of other methods of pain management I had tried that didn’t work.
Haha. It's ok to have a prescription for drugs that get u high tho but not medical thc lol. I think if u don't want someone to be high then they shouldn't be aloud to use prescription drugs if a medical thc card is legal. Idk
I don't know which side I would choose because I don't have his pain nor do I smoke marijuana? It's an interesting argument however if they're handing out these marijuana cards like trick or treat night free ice cream coupons then yes I'd say the judge is accurate lol
That’s super tough. So much info not known. Maybe he could give up his license in lieu of having the medical thc? But that would require him to live somewhere that has public transportation or a dedicated friend or relative that would drive him.
If you really pay attention – she didn’t say he couldn’t use marijuana. She just said it was a CONDITION of his release. If he wants to be out of jail while his criminal proceedings are happening, he can agree with the conditions. If he doesn’t want to agree to them, he doesn’t have too! Pretty simple.
Mike doesn't know the difference between CBD and THC? Come on do you really expect me to believe that after all those naughty weekends? 😎
Mike are you anti- marijuana? Pro- marijuana? Or just "eh" about it? Not asking for people involved in court systems but in the context of law-abiding citizens using where legal/allowed.
At home only use is what they always forget. It’s like four hours. These people using marijuanis need to keep a log when they use it so if they are pulled over they pull out the log and show how long since last use. It would impress the officer at least as much as you are organized.
Isn't other option is stay in jail? So he has an option.
she is not a doctor
It’s messed up they are not allowing him to use thc ie his medication. I myself am a mm patient due to congenital dysplasia anxiety radiation fibrosis etc. I can’t take normal pain meds. I puke.
Having a lot of health issue I use a lot of cbd and little thc here and there. Cbd helps my widespread inflammation, anxiety and helps me sleep. But for pain thc helps you relax and decrease the pain I find, it's not a cure but a help. I know people that only thc helps them. I tend to use cbd as my anti inflammatory as I have ibs among other medical issues. (My spine and si joints are half fused and bone grinds on joint, it's part of my anklyosing spondyiltis and one of my issues. I'm in pain daily and often need my cane.)
Why would you get in trouble for driving under the influence if you have this card. Does it impair driving? If it does then you shouldn’t drive. I have chronic pain…arthritis…I have to deal with it. It limits my activities and I don’t have any card. Just meloxicam and Tylenol and it doesnt really stop it. So saying that, marijuana doesnt cure everything as Judge Bryant said..all this stuff was happening in the 70s and everyone was smoking weed then.
He needs to see his doctor and request Gabapentin ( Nurontin )a Legal prescribed undetectable medication which will help his back pain until he is released from the conditions of the court.
After the case is over, then go back to his pot.😎
But does the dog have a Belly Scratches Card – or is it done illegally and without regard to the potential outcome and influence on the human?
I believe the current mindset is that THC & CBD seem to work best in synergy w/each other in terms of pain relief. The oils I buy for my dogs have a huge range of ratios of CBD:THC ie from 20:1 to 1:4. There's also THC:THCA oil for cancer patients i think its better suited for managing nausea.
Hey, beer helps me relax too. It’s all that works, I swear.
The fact that the Medical Marijuana place that opened in my town has a large parking lot, yet every hour it is open there are 20.or 30 cars trying to get into the parking lot, make me doubt that it's just for medical use.
I have never seen a doctor's office, hospital, or pharmacy who has a line to get into the parking lot 12 hours a day 6 days a week.
If he's in jail – hence the "pre-release" ruling – he's not getting the marijuana right now so what's the big deal with not being able to use it once he's allowed out. How's he dealing with his pain in jail? I can't fathom any jail allowing him to have it
I have a bad back after 11 operations from being rear ended while parked, the idiot hit me doing 60 k's an hour. I take ms contin and pan forte three times a day, and did try marijuana for pain relief but with little success. If he has to get an opiate slow release medication, and depending on the strength, it will get him more stoned than using medical marijuana, and it can take quite some time before he can fully function on opiate medication. He is caught between a rock and a hard place, so hopefully he is allowed his medication, as living with bad back pain is downright miserable.
The judge isn't prohibiting him from using medical MJ. She's just saying if you do, don't drive, I have no problem with that. Or did I miss something? Isn't that also the standard for pain patients on prescribed opiates? (Been there done that.) I wish CBD helped with my chronic pain. But on those rare occasions I use THC, I call it getting high, not medicating. If I'm driving under the influence of anything, it's caffeine and/or nicotine.
How do I upload a pic of my doggies for the patrol?
What kind of documentation does she expect him to be able to provide? I imagine most people haven't done scientifically-valid studies on whether or not weed works for them.
THC is basically pot, and CBD is a natural substance that's supposed to be an anti-inflammatory and helps with other conditions. I've used CBD and have given it to my cats for various things but have not been impressed. I feel for the man if he truly has back problems and perhaps if he could show an MRI of his injury along with a doctor's recommendation that he be allowed Marijuana for his pain that may sway the judge, but on the other hand he did get busted for DUI and could have caused somebody else a lifetime of pain so I say maybe he should suffer a little bit and think about what he did
I think the question comes down to this: Is a MM card a prescription?
If so the judge issued conflicting orders.
If not how or why is it different?
Also if he's paying that attorney, he needs a refund.
She should have been the one making the argument, not him.
Well, I do feel for him if it is true that he is in pain all the time because i am but I don't really know what the judge should do. Could he take a muscle relaxer instead or a mild pain killer?
pot sometimes is the only medication that does work and prescription meds sometimes make you much higher than pot does. BUT, l agree with the judge in this case.
Interesting question, really.
Question I don't have an answer to…
Can a judge demand no use of opiates?
Seems like the exact same idea.
The gold standard for pain relief in hospitals is morphine, not THC.
This is in WA but his medical card is from OR?
The Catch 22 here is that if prescription medication is allowed and it does seem that the Marijuana is prescribed (because he has a Medical Marijuana card), it should be ok.
But the court is specifically not allowing the use of marijuana.
To me it is like being prescribed OxyContin for pain but the court is specifically denying the use of it.
Quite the conundrum.
Cheers Mike. 🇨🇦
I agree with the judge. Frankly, he did it to himself by driving while intoxicated. There are other ways to control pain, and if he doesn't like them, then YES, he will need to feel the pain for a little while. Next time he gets behind the wheel, he may just want to be sober. Just my thoughts. (Now, if a doctor said he needed the marijuana to save his life, I might reconsider…)
So the more serious question: Can a Judge restrict the pain management protocols/ medication (s) prescribed by a licensed Doctor — particularly when the underlying criminal complaint has yet to be proven? Consider the implications…
90% of medical MJ users do NOT use it for medical issues – they want to be stoned…period.
The majority of pain and other "healing" is derived from CBD component not THC. Furthermore, just like any pain reliver, opioid or MJ based, you can't operate a motor vehicle under its influence because it ALTERS you. So, if you need THC for pain – you cannot and should not operate a motor vehicle.
I do agree with the judge. He got charged with a DUI. Because it's still considered impairment and is a THC marijuana is a "Schedule 1 drug". It certainly can relieve pain but at the same time the bond conditions are in place and the concern of him being impaired and possibly driving is likely. But nope! His attorney would need to refer him to a pain management specialist and get prescribed medication a potent but non-addictive medication that won't violate his bond conditions….just my personal opinion