Pubdate: Wed, 01 Mar 2006
Source: Anderson Valley Advertiser (CA)
Copyright: 2006 Anderson Valley Advertiser
Contact:  http://www.theava.com/
Details: http://www.mapinc.org/media/2667
Note: Titled by MAP and author of referenced article's comments appended
Author: Dave Bishop
Referenced: http://www.mapinc.org/drugnews/v06/n232/a08.html?296091
Bookmark: http://www.mapinc.org/find?115 (Cannabis - California)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/Denney (Philip A. Denney, MD,)

PURE WASTE !

With regard to your article Feb. 22nd titled 'Investigation of Dr. Denney'...

This investigation by Redding's police dept of Doctor Phil Denney is 
one of the biggest wastes of our tax dollars the city of Redding 
could possibly undertake, with or without the Federal Governments 
assistance. PURE WASTE !

To begin with, the city of Redding should be advised that it is 
against the law to attempt to circumvent or overturn a referendum 
passed by the people. In particular the Chief of Police need only 
refer to article three sec. 3.5 , paragraph c. of the Calif. 
Constitution to realize which law he is breaking in particular, not 
to mention a thorough investigation into his own moral 
values.(referring to his collusion with the Federal govt., also 
against the law.)

The only possible way that there could be ANY wrong doing, with 
regard to THIS Doctor giving a recommendation, would be if some 
unscrupulous individual lied. Doctor Denney is extremely honest and 
professional. It is expected that he believe the liar. This is what 
took place when Agent Steve Decker of the BATF, disguised as Steven 
P. Hoffmaster with a neck injury, asked the doctor to recommend 
Cannabis for his pain. He couldn't remember when or where he saw a 
doctor last, but was in pain.(The DEA is so well practiced at lying, 
that it is no wonder that the doctor was fooled.)

Should the Doctor believe the patient? Should the Doctor, after 
observing an old scar on this person's neck, call him a liar and tell 
him he isn't really in pain? What Doctor has THAT right? No Doctor 
that I have ever been to EVER asked me if I was lying to him, except 
on the papers that state that you "declare under penalty of perjury" 
have I been asked that question. With a signature, the doctor should 
be off the hook ...after all, the liar signed their 'name'. Should 
the doctors of California or all of America now employ a lie detector?

Isn't it common practice for a person, no matter what the ailment, to 
confer with the Doctor, fully expecting that the doctor will believe 
them? How else can we be treated? You tell the Doctor what the 
problem is, and the doctor, BELIEVING YOU, makes the appropriate 
recommendation.

SO why is it the Doctor that is in trouble instead of the liar?

What kind of a profession is it, when they have to resort to lying to 
the doctor for treatment to get arrests, instead of going after the 
real bad guys...the killers, and methamphetamine freaks and violent 
criminals. Isn't that what the BATF , FBI and the DEA are supposed to do?

Our local law enforcement, in an act of collusion, are taking ALL 
doctors inherent honesty and appropriate compassionate treatment and 
using this as a tool against them. This is reprehensible!

These same efforts aimed at the rampant methamphetamine epidemic 
would actually save lives and protect people from dangerous criminals.

Could it be the fear of Danger that directs these agents to attack 
doctors and sick people?

Dave Bishop

National Director

American Alliance for Medical Cannabis

P.O. Box 834

Garden Valley, Ca. 95633.

P.S.to editor. To Keep the letter short I left out the actual text of 
the constitution. It is below if you wish to include it. Article 3 
sec. 3.5 ,   An administrative agency, including an 
administrativeagency created by the Constitution or an initiative 
statute, has no power: (a) To declare a statute unenforceable, or 
refuse to enforce astatute, on the basis of it being unconstitutional 
unless anappellate court has made a determination that such statute 
isunconstitutional;(b) To declare a statute unconstitutional;(c) To 
declare a statute unenforceable, or to refuse to enforce astatute on 
the basis that federal law or federal regulations prohibitthe 
enforcement of such statute unless an appellate court has made 
adetermination that the enforcement of such statute is prohibited 
byfederal law or federal regulations.    ...To date, no such decision 
or determination has been made. DB

FG Comments-

Bishop's letter makes some key points. Pain diagnoses are almost 
always based on the patient's account of what he or she is 
feeling.  A doctor's willingness to prescribe or recommend drugs that 
provide relief should not be influenced by fear of law enforcement... 
Jeff Meyers is a journalist and filmmaker best known for a 
documentary about Jack Herer, so I was surprised by the tone of his 
letter and its false assumptions. Denney ITAL takes a detailed 
history and performs a thorough exam. (I have observed him at work, 
with patients' consent.) The narc's cover story ITAL did END ITAL 
check out: he had a scar on his neck. It couldn't be confirmed that 
he'd had previous treatment at a hospital in Santa Clara. Several 
hospitals were phoned in vain -which shows that the office was 
conscientiously trying to get supporting documentation. The doctor 
has every right to decide that a patient's claims and physical 
evidence suffice... More on Denney's situation in C Notes.
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MAP posted-by: Jay Bergstrom