ORDER TO TESTIFY IN POT CASE PUTS DOCTORS ON THE SPOT

Madison Heights -- When Dr. Eric Eisenbud takes the stand in an
Oakland County courtroom today to defend a medical marijuana
prescription, he'll be thrust into an unwelcome spotlight.

Forcing doctors to court to discuss patient cases often has a
chilling effect on other physicians, and, in this case, on doctors
who are considering prescribing pot to sick patients, legal experts,
doctors and observers all agree.

"I am concerned about it having a chilling effect on a physician's
willingness to write recommendations for people who are deserving
patients," said Matthew Abel, a Detroit attorney for medical
marijuana patients.

"They might have some concern of being put in the spotlight, but the
major concern is a doctor is there to treat patients and not testify
in court."

Under Michigan's medical marijuana act, physicians who recommend the
drug for sick patients are protected from arrest, prosecution and
penalty as long as they follow the law.

But most doctors don't know what the law allows them to do.

Dr. Daniel B. Michael, president-elect of the Michigan State Medical
Society, said the state's 37,683 licensed physicians are still
waiting for a directive from the state Department of Community
Health on the new act.

"The physicians are still waiting for the final word from the state.
There are some, including myself, who have been approached by
patients for certifications and have not given them ... Do we write
this on a piece of paper, or what? There isn't a form for this,"
said Michael, a neurosurgeon at Beaumont Hospital in Royal Oak.

Eisenbud, a Colorado-based ophthalmologist licensed in Michigan who
sees patients at the Hemp and Cannabis Foundation clinic in
Southfield, is expected to discuss his evaluation of patient Torey
Clark, who is charged along with co-defendant Robert Redden with
growing marijuana plants inside their Madison Heights home. Clark
and Redden have asserted a medical defense.

Madison Heights Judge Robert Turner ordered Eisenbud to testify
today about the document Eisenbud signed March 4 that qualifies
Clark, who has cancer, to use medical marijuana.

The new law, which was overwhelmingly passed by Michigan voters last
fall, permits a state-licensed physician -- medical doctor or
osteopathic -- to certify in writing that a patient is qualified to
use medical marijuana.

Paul Walton, chief deputy Oakland County prosecutor, said the state
law is so poorly written and vague that it's not clear what medical
information is available to prosecutors as part of their case.
Walton said his office may have to file a motion for certain
documents and it wasn't known whether federal health
information privacy laws applied.

"We have a right to call the doctor and question him as part of our
case," Walton said.

Michael, with the state medical society, said no physician wants to
be in court. "My colleagues are not ready to jump into this until we
get some further clarification," he said.