Pubdate: Fri, 09 Jul 2010
Source: Aurora Sentinel (CO)
Copyright: 2010 Aurora Sentinel
Contact:  http://www.aurorasentinel.com/
Details: http://www.mapinc.org/media/1672
Author: Brandon Johansson

AURORA COPS SAY LOCAL DOC HANDED OUT POT PRESCRIPTIONS TO UNQUALIFIED 
PATIENTS

AURORA | Police arrested an Aurora doctor Thursday who they say doled
out medical marijuana certificates to healthy patients who didn't
qualify, including two undercover officers.

The doctor, Manuel Aquino-Villaman, 69, was booked into the Aurora
Municipal Jail on charges of attempting to influence a public servant
and conspiracy to distribute marijuana, both felonies. He posted
$6,000 bond and was released.

Aurora police Chief Dan Oates said Aquino-Villaman's examinations had
"all the trappings of a complete fraud" and the two undercover
officers were stunned at how easily they obtained his recommendation,
despite not having a serious illness or injury.

"We were pretty much shocked," Oates said. "Officers were in there for
minutes, they never said they felt any pain or suffered from any
conditions that are contemplated by the Colorado law."

Officers launched the investigation because they came across a large
number of medical marijuana users, many of whom seemed healthy, with
medical marijuana cards issued using Aquino-Villaman's
certificate.

Medical marijuana opponents have said for months that Colorado's
burgeoning medical marijuana industry is largely propped up by healthy
marijuana users who exploit the state's medical marijuana law to use
the drug recreationally.

"I think its a widespread problem," said State Sen. Nancy Spence,
R-Aurora. "That's why I believe there are close to 100,000 people
either on the medical marijuana registry or have applied to be on the
registry."

Spence sponsored legislation this year that makes it harder for
doctors to give medical marijuana recommendations to patients who
don't need them.

Medical marijuana supporters, however, say most medical marijuana
patients have a legitimate need for the drug.

"I think the vast majority of patients and doctors are acting in
compliance with the law," said Brian Vicente, executive director of
Sensible Colorado, a medical marijuana advocacy group. "If there are
doctors that are writing recommendations without establishing a bona
fide relationship, they should be subjected to sanctions."

Vicente questioned the need for police to crackdown on those doctors
though, and said it doesn't seem police have put the same efforts into
going after doctors who write bogus prescriptions for other drugs,
such as painkillers. "I think it is fascinating the Aurora police
would make this a priority when there are people abusing far more
dangerous drugs in their community and people engaging in actual
violent crime," he said. "Marijuana is a pretty benign substance. I
think it just shows that they are wasting taxpayer dollars prosecuting
this area."

Chief Oates declined to say if police have launched similar stings
against doctors writing bogus prescriptions for other drugs.

"I shouldn't talk about other investigations," Oates
said.

But, Oates said, police are not looking to chase down doctors who hand
out bogus medical marijuana certificates.

"There was enough evidence about this that we felt compelled to do
this minimal inquiry of sending an undercover in," Oates said. "We are
not on any crusade against medical marijuana or anything like that."

Aquino-Villaman's arrest could be the first time in Colorado a doctor
has been accused of granting bogus certificates and then arrested.
Oates said it was certainly the first in Aurora and he didn't know of
others in the state. Ron Hyman, director of the state's medical
marijuana registry at the Colorado Department of Public Health and
Environment, said he had not heard of any other similar arrests.

Hyman said a doctor's recommendation is required for a person to
receive their medical marijuana card.

If Aquino-Villaman is convicted of a crime, the State Board of Medical
Examiners could strip his license or issue sanctions against it, Hyman
said.

If that happens, patients who received a medical marijuana card using
Aquino-Villaman's recommendation will not be able to renew their card
using his recommendation, Hyman said, and will have to find a new doctor.

Until they are up for an annual renewal, and unless Aquino-Villaman's
medical license is stripped or sanctioned, those medical marijuana
users will not lose their cards, Hyman said.
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