58 Wayne L. Rev. 103 (2012-2013)
Caught in the Crossfire: The Dilemma of Marijuana Medicalization for Healthcare Providers

handle is hein.journals/waynlr58 and id is 113 raw text is: CAUGHT IN THE CROSSFIRE: THE DILEMMA OF
MARIJUANA MEDICALIZATION FOR HEALTHCARE
PROVIDERS
WILLIAM VERTESt AND SARAH BARBANTINI'
I. INTRODUCTION           .................................... .....103
H. HISTORY.................14............................1
A. What is a Drug?         .........................      ....... 106
B. Federal Drug Scheduling and Classification............................. 108
C. What is Medicine?........... 111
D. Significance to the Medicine Distinction? ........      ....... 114
III. MICHIGAN MEDICAL MARIHUANA ACT (MMMA) ......               ......117
A. Protections Are Limited      ......................     ..... 117
B. Who Is Protected?                                       ........ 119
C. Physician Participation Is a Required Element.....      ...... 120
D. The Quandary of Marijuana as Medicine............    .......... 121
E. The Mysterious Bona Fide Physician-Patient Relationship.. 123
F. What Constitutes a Full-Assessment? ..........          ......124
G. What Makes an Evaluation Proper?..          ................. 126
H. Standard of Care for Whom?........................ 127
I. The Spectre of Sanctions     ......................     ..... 128
IV. CONCLUSION          .............................................. 135
I. INTRODUCTION
No plant in American culture is more glorified-nor more vilified-
than Cannabis Sativa, known commonly as marijuana.' When smoked,
or otherwise ingested, marijuana produces psychoactive effects that can
include changes in time and space perception, lightheadedness, and
t Principal and leader of the Medical Marijuana Practice, Kitch Drutchas Wagner
Valitutti & Sherbrook, Detroit, Michigan. B.A. 1980, in Political Science, cum laude,
Michigan State University; J.D.,1983, University of Notre Dame Law School.
: Law Graduate, Insurance Practice, Kitch Drutchas Wagner Valitutti & Sherbrook,
Detroit, Michigan. B.A. in Psychology, 2007, cum laude, Kalamazoo College. M.S.W.,
2008, University of Michigan School of Social Work; J.D. May 2012, Wayne State
University Law School. The authors would like to thank Gregory Drutchas, Daniel
Shirey, Adam Kutinsky, and Michael Shpiece, of Kitch; Brian Hodgman, former Voting
Note and Comment Editor, Wayne Law Review; and Jacqueline Marszalkowski and
Helen Engelhard, Mr. Vertes's administrative assistants, for their assistance and support
in the preparation of this article.
1. See LARRY RATSO SLOMAN, REEFER MADNESS: A HISTORY OF MARUUANA
(1998).

103

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?