Medical Marijuana Doctor Has License Suspended, Clinic Under Investigation After Death of Massachusetts State Trooper
By: Mikey Perry
(If any Canna Care patients end up having their licenses revoked, or at the very least worried that it will happen to them, True Herbal Consults is a Medical Marijuana Consulting and Renewal office in Massachusetts able to take any Massachusetts patients in need.
Dr. John C. Nadolny, of Canna Care Docs, a medical marijuana evaluation clinic with locations all over Massachusetts, (and in at least 6 other states) had his license suspended on May 26 by The Massachusetts Board of Registration in Medicine, after being tied to a man that struck and killed State Trooper Thomas Clardy.
State Trooper Clardy was making a routine traffic stop on March 16 and was struck from behind by David Njuguna, 30, of Webster, while he sat stationary in his cruiser. Njuguna tested positive for marijuana at the time.
A thorough investigation of Njuguna led officials to Canna Care Docs, the clinic that gave him access to medical marijuana. Now they are under investigation.
Dr. Nadolny, the medical director of Canna Care Docs has had his license temporarily suspended for, according to The Boston Globe, breaking protocols multiple times over the course of issuing 5,792 medical marijuana certificates.
“Canna Care is cooperating fully with the investigation into Mr. Njuguna. Canna Care stands behind its medical staff and insures all state government regulations are complied with,” Michael Maloney, attorney for Canna Care Docs, told Fox 25.
Canna Care owner Kevin Kafka told FOX25 Investigates he is not aware of any state investigations into any of its other doctors and defended the prohibited practice of nurse practitioners approving medical marijuana patients
Canna Care Docs has also hired public crisis relations firm, Ball Consulting Firm, to help handle the situation.
“Canna Care Docs will continue to fully cooperate with any investigative authority relating to its practice of medicine,” said Kafka. “We are not aware at this time of any inquiry into any active physicians in our practice and we stand by the certifications of patients that we have issued for medical marijuana in Massachusetts. While we believe nurse practitioners are qualified and authorized under Massachusetts General Law to conduct certifications with a physician’s supervision, we have suspended the practice pending clarification from the Department of Public.”
The board describes summary suspension as: "If the Board determines, based on affidavits and other documentary evidence, that a physician represents a serious threat to the public health, safety or welfare, the Board may suspend the license pending a hearing on the merits.”
"Among the violations were failing to diagnose patients with a debilitating medical condition as required by law and delegating to nurse practitioners the authority to make such diagnoses," according to the Globe.
According to The Boston Post, “The board outlines a specific instance in which a marijuana card was issued to a clinic patient under Nadolny’s authorization even though he wasn’t working that day. The board said Nadolny didn’t diagnose the patient or have a physician-patient relationship with the person.”
Massachusetts State Law holds that doctors can only issue cards “in the course of a bona fide physician-patient relationship,” which is defined under the law as “a relationship between a certifying physician (acting in the usual course of professional practice) and a patient, in which the physician has conducted a clinical visit, completed and documented a full assessment of the patient’s medical history and current medical condition, has explained the potential risks and benefits of the marijuana use, and has a role in the patient’s ongoing care and treatment.”
At $200 a card, Nadolny’s 5,792 patients would of made Canna Care Docs a whopping $1,158, 400. While Nadolny isn’t linked directly to State Trooper Clardy’s death, the investigation has really raised eye brows at what Canna Care Docs has been doing. The investigation is full force and many are wondering what will happen to the status of licenses currently held by medical marijuana patients that received care at Canna Care Docs and the overall reputation of the clinic itself for the future.
According to all news sources & our own attempts Nadolny has not been commenting on anything pertaining to this situation. We will keep you up to date on the situation as it evolves.
Doctor says marijuana reduced infant's brain tumor, should be used for children
According to the Huffington Post on Dec. 1, a formerly skeptical doctor says medical marijuana should be a part of a pediatrician's arsenal to help children after he witnessed a remarkable reduction in a baby's brain tumor.
Dr. William Courtney, a former skeptic, has drastically changed his tune after he witnessed the effects of marijuana treatment on an 8-month-old patient. Dr. Courtney said that the baby had a "very massive centrally located inoperable brain tumor." The child's father wanted non-traditional treatment.
"They were putting cannabinoid oil on the baby's pacifier twice a day, increasing the dose... And within two months there was a dramatic reduction, enough that the pediatric oncologist allowed them to go ahead with not pursuing traditional therapy."
After eight months of treatment, the tumor was greatly reduced in size. Dr. Courtney says that because of the cannabis treatment and the excellent results, "This child is not going to have the long-term side effects that would come from a very high dose of chemotherapy or radiation."
The child is being called a miracle baby. Dr. Courtney further stated, "I would have to agree that this is the perfect response that we should be insisting is front line therapy for all children before they launch off on all medications that have horrific long term side effects."
Nineteen states now have medical marijuana rules on the books. Each state has its own specific rules of use, amounts, reciprocity, et cetera. Those laws, however, are for adults.
So what do you think? Obviously, for this child it worked. Still, treating a child with marijuana is more than a little controversial. Should there be studies done? Should it be allowed as a treatment of last resort? If you had a young child with inoperable cancer, would you consent to trying this route?
Admittedly, it's a hard question to answer when you're not in the situation. But if medical marijuana works this well with cancers, do we have the right to withhold it, especially from children with their entire life in front of them? Please leave a comment and wade into this somewhat sticky issue.
New Zoning Needed for Medical Marijuana Dispensaries in Boston
Boston will be updating its zoning code to permit medical marijuana dispensaries in specific areas around the city.
By David Ertischek
Now Boston has to figure out where the medical marijuana dispensaries will be within the city.
District 5 City Councilor Rob Consalvo led the charge at Wednesday's Boston City Council meeting, saying while they don't know how many facilities the city will get yet, it's clear they will get some.
"I’m proposing what we do regularly - update our zoning code," Consalvo said. "This will be my seventh effort of amending the zoning code. Clearly this is a new use and a new change in front of us."
But first the state needs to provide regulations, "We don’t know how the state regulations will take place, we are waiting for the Department of Health to have those new regulations in the New Year," Consalvo added.
The matter was moved to the Committee on Government Operations, for the code to be developed by the Boston Redevelopment Authority, while working with the state and city's health departments, the Boston Police, as well as residents. A hearing is expected to be held in the next 10 days to develop the zoning changes.
Consalvo said there is nothing in the current zoning code that addresses medical marijuana facilities. Issues such as what stores will look like, how medical marijuana will be sold, and more still need to addressed.
Due to it being medicinal marijuana, Consalvo suggested dispensaries should be zoned into hospital areas, to make it a one-stop shop for patients. He added dispensaries should not go in residential neighborhoods, parks or playgrounds, near schools or daycare facilities.
"Without anything in place they could open up anywhere and we’ll get lots of calls. We need to move fast and be ahead of the curve," said Consalvo.
He called for a hearing to be held in the next 10 days to get to work on the issue.
U.S. Appeals Court To Hear Oral Arguments In Case Challenging DEA's Denial Of License For Medical Marijuana Production Facility
On Friday, May 11, the United States Court of Appeals for the First Circuit in Boston, Mass., will hear oral arguments in a federal lawsuit against the Drug Enforcement Administration for denying University of Massachusetts-Amherst Prof. Lyle Craker a license to grow marijuana for privately funded medical research. The arguments are the culmination of nearly 11 years of legal and administrative proceedings seeking to end the National Institute on Drug Abuse (NIDA) monopoly on the supply of marijuana for research.
The lawsuit is a response to an August 15, 2011, final order issued by the DEA rejecting a DEA Administrative Law Judge's 2007 recommendation that it would be in the public interest to grant Craker the license. A laboratory at the University of Mississippi funded by the National Institute on Drug Abuse is currently the only facility in the U.S. permitted to grow marijuana for research.
Craker is represented in the case by Washington, D.C., law firm Covington & Burling LLP and the American Civil Liberties Union.
Craker first applied in June 2001 for a DEA license to start a marijuana production facility at the University of Massachusetts-Amherst under contract to the Multidisciplinary Association for Psychedelic Studies (MAPS), a non-profit research and educational organization whose mission includes developing marijuana into an FDA-approved prescription medicine. Prior to Craker's application, NIDA had refused to sell marijuana to two FDA-approved MAPS-sponsored protocols, preventing them from taking place.
In September 2011, NIDA refused to sell marijuana to a third FDA-approved MAPS-sponsored protocol, this one of 50 U.S. veterans with chronic, treatment-resistant posttraumatic stress disorder (PTSD), preventing it from taking place. MAPS and Craker are working to open the door for privately funded drug development studies conducted under FDA regulations.
Despite increasingly widespread recognition of marijuana's therapeutic benefits and formal policies in 17 states and the District of Columbia, the federal government still insists that marijuana is a dangerous drug with no medical value. Even if MAPS and Craker's efforts to open the door for privately funded, federally regulated non-profit medical marijuana research are successful, it will likely take a decade for marijuana to become an FDA-approved prescription medicine. In the meantime, getting PTSD patients access to the treatments they need will depend on the continuing success of state-based medical marijuana policy reform.
DOCKET TO BE CALLED FRIDAY, MAY 11, 2012 AT 9:30 A.M
COURT OF APPEALS PANEL COURTROOM, 7TH FLOOR
BEFORE JUDGES: Torruella, Lipez, Howard09-1220 Lyle E. Craker v. Drug Enforcement AdministrationAppellant 15 min. Appellee 15 min.
The Multidisciplinary Association for Psychedelic Studies (MAPS) is a 501(c)(3) nonprofit research and educational organization that works with government regulatory agencies to develop whole-plant marijuana into an FDA-approved prescription medicine.
More information is available at www.maps.org/research/mmj .
The Petitioner's Reply Brief in Lyle E. Craker v. Drug Enforcement Administration is available at www.maps.org/mmj/dealawsuit/2012.05.04_Craker_Reply.pdf .
Steve Elliott 5/3/11 tokeofthetown.com
Rent-A-Cops Tackle Two Activists And Turn Them Over To The Feds
I have always said the 2.5s are worse than the5.0s.....-UA
The United States federal government on Monday arrested two Seattle activists who were attempting to serve a cease and desist order on the Department of Justice in the wake of federal raids on medical cannabis dispensaries last week.
Medical cannabis activists had staged a protest at the federal building in downtown Seattle Monday afternoon. Private security guards indicated that it was a crime to take photographs near the federal building. Phil Mocek, a board member with the Cannabis Defense Coalition, asked for clarification of the policy, and was arrested by federal building security guards, who contacted Homeland Security agents for backup.
During the encounter, Mocek asked if the federal security guards were police officers, and they said they were not. Mocek then said he was leaving, and the security guard replied, "No you are not," assaulted and physically detained him, and with the assistance of Homeland Security agents, dragged him into the Henry M. Jackson Federal Building on Second Avenue in downtown Seattle.
FOX Q-13 News was filming at the time the assaults transpired. CDC activists have footage as well, which has been posted to YouTube.
Mocek and West were released after several hours in custody, and issued citations for violating 41 CFR 102-74.385 -- "Which we understand as a charge of obstructing justice," said Ben Livingston of the CDC.
Despite the multiple charges of "obstructing justice," the activists were able to serve their cease and desist letter on the Department of Justice and U.S. Attorney for Western Washington Jenny Durkan, as well as on the Drug Enforcement Administration.
Footage of two CDC board members detained and arrested by Paragon Security, one on federal property, one in the middle of an intersection in 2nd Avenue in downtown Seattle.