FEDERAL AGENTS JAIL MICHIGAN DOCTOR FOR ISSUING MEDICAL MARIJUANA
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SAGINAW -- A Saginaw Township doctor is one of the first physicians
in Michigan to face federal indictment for certifying medical
marijuana patients, according to Matthew R. Abel, an attorney for the
Detroit-based Cannabis Counsel.

On April 5, the U.S. Attorney General's office indicted Dr. Ruth A.
Buck, owner of Mid-Michigan Medical Marijuana Clinic at 2137 Warwick
in Saginaw, for aiding and abetting the distribution of marijuana.

Her office and home were raided March 17.

"There have not been any doctors charged with crimes that I am aware
of since the (state) law began." Abel said. "It's unconscionable that
doctors are being incarcerated."

Marijuana use and distribution remain illegal under federal law,
although President Barack Obama has said federal authorities will not
enforce the law in states, such as Michigan, that allow marijuana use
for medical purposes.

The federal charges come after Buck was charged separately under
state law with three counts of unlawfully distributing controlled substances.

Those charges stem from allegations that, between January 2006 and
July 2009, Buck prescribed more than 1.5 million doses of painkillers
such as Vicodin, OxyContin, Xanax, morphine, methadone and Dilaudid
from her former office in Thomas Township, authorities have said.

Buck's attorney filed a motion to dismiss the prescription charges
and argues that a doctor has a subjective right to determine the
necessity of pain medication for patients. The case remains open.

Today, Buck is in federal custody pending a hearing in U.S. District
Court in Bay City on Thursday to determine if her bond should be
revoked as requested by the U.S. Drug Enforcement Agency.

The federal complaint questions the due diligence of Buck's patient
reviews and alleges that she discussed obtaining and growing
marijuana with at least one patient, whom she also referred to a Bay
City dispensary to acquire marijuana. Carl J. Marlinga, Buck's
Clinton Township-based attorney, could not be reached for comment.

The federal complaint, filed in U.S. District Court in Bay City,
alleges that Buck issued 1,870 medical marijuana certificates between
the time the state law passed two years ago and March 17, for which
Buck charged $200 per certification and $150 per renewal, the complaint says.

It cites occasions in which a "confidential source" and an undercover
DEA agent visited Buck's office for medical marijuana
recommendations. According to the law, patients must have a
"debilitating medical condition" to qualify for medical marijuana.

One source told Buck they smoked daily for anxiety and wanted to "get
legal," but Buck said "the qualifying diagnosis is not anxiety or
depression" and proceeded to ask a series of medical questions.

Authorities allege Buck certified that the patient's elbow, which
they said occasionally becomes numb, was a "debilitating condition"
that included "severe and chronic pain."

"That allegation, even if arguably true (which it is not) would not
subject her to criminal process or jail time in the state system," it
says. "It should not result in jail time in the federal system
either, since that would be an end-run around protections of Michigan law."

Marlinga proceeds to say that Buck complied with state law, only
issuing recommendations to qualified medical marijuana patients who
suffered from severe and chronic pain.

Furthermore, the response says, "Michigan law says physicians "shall
not be subject to arrests, prosecution or penalty in any manner" for
rendering an opinion that a patient is likely to receive therapeutic
or palliative benefit from the medical use of marijuana.

Abel said this latest move by federal agents will likely have a
"chilling effect" on doctors who issue medical marijuana recommendations.