How much does your doctor know about cannabis? Physicians who are cannabis experts get better results for their patients. You won’t get quality information about how best to use cannabis as an adjunct to help cancer treatment from a 5-minute robo-signing cannabis doctor. This report shows that dosage and delivery methods matter when treating certain types of cancers. Not all cannabis products are equally safe or effective, so patients need specific help in what types of products to look for and how to use them. Check out this excerpt from the article.
“Cannabinoid resin extract is used as an effective treatment for ALL with a positive Philadelphia chromosome mutation and indications of dose-dependent disease control. The clinical observation in this study revealed a rapid dose-dependent correlation.”
A proper cannabis recommendation requires more than just a few minutes of a doctor’s time and includes information on cannabinoid content, strain selection, and delivery methods. If you know someone who is not getting this information from their doctor, they’re not getting a true cannabis consultation and are missing information on the full value and healing potential of the plant.
Patients everywhere should have the right to access the best medicine for their illness. As of now, 20 states now have medical cannabis laws for patients who need safe non-toxic cannabis for their health conditions.
This video highlights the inspirational story of Gary Cooper, an MS patient. His story, more than all of the scientific evidence referenced above makes a compelling case for the use of low-toxic medical cannabis.
Gary states about cannabis: “It takes away my discomfort, it enhances my very being.”
Why are blood draws for cannabis DUI in Washington State unconstitutional? The answer is a journey. It relies on constitutional underpinnings of warrantless searches and winds it way through what is consent. It ends with, when is consent freely, voluntarily and knowingly given?
First and foremost, the court has held that warrantless searches are per se unreasonable and violate the Fourth Amendment. However, there are a few carefully drawn exceptions to the warrant requirement, including consent. Most defense lawyers would agree that “consent” is the mother-of-all-waivers. With consent, fall so many constitutional rights.
The next stop on the road to consent is an important one: consent based on misleading information provided by law enforcement is not valid consent. Since a blood draw constitutes a search, the State must then establish that the person’s consent to that test was voluntary under prevailing case law. Washington law enforcement typically rely on the Implied Consent law to obtain the necessary consent to a warrantless blood draw in DUI investigations. The Washington Court’s have held, “Washington’s implied consent law creates a statutory presumption that anyone arrested for driving under the influence of alcohol has consented to a breath or blood test for purposes of determining the level of alcohol.” A driver may withdraw his consent and refuse to be tested unless unconscious or under arrest for vehicular homicide or assault, or DUI where there has been serious injury to a third party.
A driver’s decision to submit to a breath or blood test must further be knowing and intelligent. To this end, the Implied Consent statute requires that police officers warn drivers of their right to refuse a breath test and various consequences of a refusal to assure the voluntariness of the consent. The implied consent form is one that law enforcement has an individual sign before subjecting the individual to a blood draw. On the implied consent warning currently provided by most law enforcement agencies in Washington, it lists as one of the consequences that a driver’s refusal to consent to a warrantless breath test “may be used in a criminal trial.”
However, we argue that this provision of the Implied Consent statute is unconstitutional. It is well established that, when a defendant has invoked his constitutional right to refuse a warrantless search, the prosecution may not comment, or the defendant’s due process rights to a fair trial are violated. A comment on the exercise of a right to refuse a search is akin to comments on the exercise of other constitutional rights.
If the government is allowed to comment on a person’s refusal to consent to a warrantless search as evidence of wrongdoing, an unfair burden is placed upon the assertion of a constitutional right and future consents would not be voluntarily given.
I should point out, despite these obvious constitutional principals and case law, this has not prevented the government from commenting on the innocence of an accused person for the last several years. How, you ask? In closing, the Prosecutor stands up and says, “If Mr. Smith is innocent, why didn’t he take the blood test? Why did he refuse the test? What was Mr. Smith hiding? Is it because Mr. Smith knew he was guilty?” Our favorite argument from the government, “if you have nothing to hide…” Deputy Prosecutor’s, across Washington State, have used refusal of the blood test as consciousness of guilt.
In a very recent case, Gauthier, the State used the defendant’s refusal to consent to the warrantless search and seizure of his DNA as substantive evidence. The Gauthier court held that the State violated the defendant’s constitutional rights. The Gauthier court reasoned that “[e]xercising the right to refuse consent to a warrantless search may have had nothing to do with hiding guilt” and that “a jury should not have been allowed to infer guilt in such ambiguous circumstances, particularly involving the exercise of a constitutional right.” The Court observed that “circuit courts that have directly addressed this question have unanimously held that a defendant’s refusal to consent to a warrantless search may not be presented as evidence of guilt.”
The Washington Supreme Court has also indicated that using refusal to consent to a search as evidence of guilt is unconstitutional. In Jones, a police officer testified that the defendant refused to take a DNA test and only provided a cheek swab after court order. In closing, the State reiterated and emphasized that refusal. Mr. Jones argued on appeal that these comments constituted prejudicial misconduct. Though the Court reversed Mr. Jones’ conviction on other grounds, it nevertheless addressed Mr. Jones’ misconduct argument. The court explained that the comments were improper because Mr. Jones had “a Fourth Amendment right to refuse to provide a DNA swab sample,” and emphasized that “the court’s imprimatur is now upon the State and that such argument is improper and should not be repeated on remand.” In short, the Court believes that such comments are a violation of the defendant’s constitutional rights.
Gauthier and Jones teach us that using a driver’s refusal to consent to a warrantless breath test as part of a criminal trial is unconstitutional. That portion of the implied consent warnings that require police officers to warn drivers that a refusal to submit to a warrantless breath test may be used against them in a later criminal trial is therefore also unconstitutional on its face.
In Washington, often the Trooper warns, prior to administering the blood test, that if the test is refused, that refusal may be used in a criminal trial. More importantly, it will be used as evidence of a “guilty mind.” As a result, the person then consented to a warrantless blood draw based on the Police Officer’s misrepresentation of the law. Defendant’s throughout Washington have been misled to believe that their refusal may be used again them in a criminal trial. Because consent is based on misleading information provided by law enforcement, and because the Implied Consent Warning does not state the law correctly, people accused of Cannabis DUI have provided consent that was neither voluntary nor “knowing and intelligent.” Although courts have not all agreed that this is the case, they should. It is clear from the case law that Washington Law Enforcement has wrongfully advised defendants and should correct their informed consent warnings to comport with the law.
Needless to say, this is not the only issue before the courts on cannabis DUI. Ted Vosk is spearheading the defense against junk science of the toxicology lab, by not providing confidence intervals. There is also a group of cases going up on appeal that the five nanogram limit is arbitrary, capricious and unconstitutional (more on this case in a future post). There is number of other arguments brewing and we will continue our pursuit to prevent medical cannabis patients from being arrested and prosecuted without a single shred of meaningful evidence that their driving was actually appreciably affected by cannabis. In the end, five nanograms is not a meaningful number and we will keep fighting to put that in the ground.
Aaron Pelley, senior attorney at Pelley Law, PLLC offers consultations for cannabis defense in the great state of Washington. Check him out and protect your rights as free men and women.
One of the great benefits of topical cannabis is that patients benefit from low-toxic pain relief without a head high. Cannabis is without question the least toxic of all pain medications.
“I feel a physical benefit without any mental side-effects. I don’t feel drugged or impaired in any way, only very happy to have an annoying debilitating symptom disappear!” -Topical cannabis patient
I first learned about the benefits of topical cannabis from several of my patients who are ultimate fighters. They reported reduced recovery time from training and sparring sessions, as well as dramatically faster healing from their epic battles in the ring. I followed up these reports with my own use of topicals to treat my moderate to severe chronic pain that I suffer from due to a devastating LisFranc injury to my foot. I was amazed when after about 20 minutes, there was significant pain relief. If you’re an adult in Washington state over the age of 21 you can now legally try it and see for yourself, again without the head high. I then began experimenting with my own personal use of topicals for a long bout I had with kidney stones. Using topical cannabis on dermatomes I was able to manage extremely severe pain both before and after surgery without the use of any opiate medications and without any sedation. Cannabis has been shown to enhance the effectiveness of opiate pain medication; it also reduces the use of opiates by patients for pain, and even reduces opiate withdrawal symptoms. Opiates kill thousands of Americans every year and drug overdose death rates have more than tripled in the U.S. since 1990. This makes cannabis a wonderful, low-toxic option for patients whose pain is not fully controlled by opiates. It is also a wonderful option for patients wishing to reduce or discontinue long-term use of opiate medication for pain. After success with my own severe pain condition, I began using topical cannabis to treat minor pain for my sore muscles from surfing. I am an aging athlete and the topical cannabis helps me recover from strenuous activity even better than when I was ten years younger. I am convinced that my surfing is much better today because of the use of topical cannabis. In Seattle, many surfers and weekend warriors that I know legally use topical cannabis for their sore muscles. I personally use topical cannabis for all types of pain from mild to moderate, to severe. I appreciate that there is no head high or sedation and that I am not damaging my stomach, liver or kidneys with over the counter drugs such as ibuprofen or Tylenol. Topical cannabis enhances circulation and provides patients with wound-healing, anti-inflammatory, pain-relieving, and anti-spasmodic benefits. It is also an excellent adjunct to help patients recovering from painful surgery. My patients use topical cannabis to help treat the conditions listed below. If you are interested in general information about how cannabis can be used to treat any of these conditions, reply in the comment section. I can’t give specific medical advice, though will be happy to provide general information. Neck pain Migraine headache Psoriasis Shingles pain Herpes lesions Neuralgias Neuropathies including diabetic neuropathy Arthritis Skin allergies and diseases of the skin Hives Menstrual cramps Intestinal cramps Hemorrhoids Insect bites and stings Poison oak and poison ivy Crohn’s disease associated cramping Multiple sclerosis cramps Wound healing Tension headache Back pain Knee pain Foot pain Hand pain Elbow pain Opiate withdrawal symptomsIt is always best to get advice from a doctor who is knowledgeable in the area of cannabis therapeutics, as the specifics of how to treat each of these conditions can vary for each individual patient. If you are interested in general information about how cannabis can be used to treat any of these conditions above, reply in the comment section. Again, I cannot give specific medical advice though will be happy to provide general information. In health, -Dr. Jake Felice, Naturopathic Physician Sign up for more CannabisMatrix posts below
I can say that I have personally seen amazing results with patients using topical cannabis for skin conditions such as eczema, psoriasis, sunburn and poison ivy rashes and more. Here is some new scientific data supporting what we already see is true clinically, namely that cannabis topicals can provide low toxic relief to patients with both chronic and acute skin conditions. -Dr. Jake Felice
Researchers looked at the impact of phytocannabinoids (plant-derived cannabinoids, rather than synthetic counterparts) on epigenetic regulation of skin differentiation genes.
The study found that both cannabidiol (CBD) and cannabigerol (CBG), “significantly reduced the expression of all genes tested via increased DNA methylation for keratin 10 gene”.
The CBD was found to reduce keratin 10 mRNA through stimulating type-1 cannabinoid (CB1) receptors, while the CBG was found to act through a secondary method that did not engage the CB1 or CB2 receptors of keratinocytes (HaCaT cells). It was also revealed that cannabidiol increased global DNA methylation levels.
The study concludes that cannabis could act as a primary treatment for epidermal ailments:
“These findings identify the phytocannabinoids cannabidiol and cannabigerol as transcriptional repressors that can control cell proliferation and differentiation, suggesting (especially for cannabidiol) a possible exploitation as lead compounds to be used in the development of novel therapeutics for skin diseases.”
This report was conducted by researchers at the University of Teramo, the Campus Bio-Medico University and the Santa Lucia Foundation, all located in Italy.