Judge pities man whose doctor won't sign for marijuana

JCT: Another proof that policy prevents doctors from
participating in the exemption process:

> Telegraph-Journal (NB)
> http://telegraphjournal.canadaeast.com/city/article/630078
> Judge gives man time to seek approval for pot use
> Published Thursday April 9th, 2009
> Derwin Gowan Telegraph-Journal

> ST. STEPHEN - Adam Troy Dickerson needs a physician to sign
papers to allow him to legally use marijuana to control pain. His
family doctor agreed he fit the criteria under federal law to
medically use the otherwise illegal drug, but would not sign the
papers as a matter of policy, duty counsel Joel Hansen told
provincial court Judge David Walker this week.

JCT: I should try to submit this story to Judge Tulloch in
furtherance of Terry's argument that finding doctors is too hard
given there's a policy doctors follow that over-rules their best
medical opinion. The Doctor's Oath is sure inferior to the
Engineer's Oath to not let the nuts come loose.

> At an earlier court appearance Dickerson, 27, of Elmsville,
pleaded guilty to producing marijuana.

JCT: Too had. Duty counsel didn't know his duty.

> Walker adjourned sentencing to allow Dickerson to follow
Hansen's advice to find out if he could qualify to legally use
marijuana medically. The judge adjourned sentencing to May 19 to
allow Dickerson to try to find another doctor to sign the papers.

JCT: So he's got 6 weeks to go doctor-shopping with somewhere
around a 1 in not good chance of finding one (similar to the 60:1
odds in Ontario?)

> This paperwork will not provide a defence against the charge
facing him because he did not have it at the time the RCMP
arrested him.

JCT: And yet, because Derek Francisco was spending two years on
trying to prohibit his charges due to Krieger, he had time to get
an exemption and have the charges withdrawn. Too bad Dickerson
didn't know about my Krieger Defence forms like Derek did. Derek,
what good soul told you about the forms?

>It might provide grounds for mitigation at the sentencing
hearing, Walker said.

JCT: It got the charges withdrawn for Derek Francisco butl, of
course, with no offence, Dickerson just pleaded guilty so the
charges can't be withdrawn anymore. Too had he had a lawyer
instead of an engineer. I wonder if he'll get his pot back like
Derek did. Derek should contact the guy and point out that since
he got his pot and equipment back once he got his exemption,
maybe it's a precedent for him to get it all back too. It sure
would mitigate his pain to get all his stuff back once he finds
out how he could have done a Derek too. I'd bet the judge will
jump at the precedent to give Dickerson back his medicine and his
medicine-making machinery since he avows the guy he is punishing
is really sick. Help the guy, Derek. Send him a copy of your
Section 24 order for the return of your pot. It could work and be
a nice trophy on our walls.

> Dickerson's own family doctor will not sign papers to allow
patients to use marijuana, but Health Canada told him that 57
doctors in New Brunswick will sign them, Hansen told the court.

JCT: I went to the College of Physicians and found 1922 doctors
listed. 57/1922 is 1/34, only 33:1 against, twice as good as in
Ontario and still the man gets consideration by the judge of the
lousy process that lets the doctor refuse due to policy. Could
help Terry get the same kind of sympathy from a judge in a
province where the odds are even worse.

> The lawyer advised Dickerson to go to the College of Physicians
and Surgeons to find one of these doctors.

JCT: Is there a list of marijuana-prescribing doctors somewhere?

> Walker agreed to allow time to find a doctor to sign the
papers, then submit them to Health Canada and get a response
back. If Dickerson cannot find a doctor willing to sign, he might
have a constitutional argument, Hansen said.

JCT: 6 weeks is "time to find a doctor, submit and get a
response." Har har har har.

> The pre-sentence report states that Dickerson continues to use
marijuana to control pain, federal Crown prosecutor Peter Thorn
said. Dickerson should agree not to use the drug until legally
allowed to do so, Thorn said.

JCT: Dickerson should stop taking his medicine until he finds a
true doctor to prescribe it for him?

> "But in the meantime they self-medicate, and they breach the
court order," Walker responded. Dickerson would have to find a
physician to sign the papers demanded by Health Canada, Walker
said. "This is squarely your responsibility," the judge told him.

JCT: Pretty tough responsibility to try to find the 1 doctor in
34 to prescribe his needed medication.