Michigan Doctor Charged With Selling Medical Pot Certificates

Authorities in a number of states are critical of medical marijuana laws, claiming they provide de facto legalization of the drug for recreational use. In Michigan, Attorney General Bill Schuette and Department of Licensing and Regulatory Affairs Director Steven Hilfinger say a case involving a Macomb County, Mich., physician makes their case. 

The state has filed an administrative complaint and an order of summary suspension of the medical license of Dr. Lois Butler-Jackson of Detroit. She is the subject of an investigation by the Clinton Township Police for her alleged role in a for-profit medical marijuana operation.

Pre-signed marijuana certificates

Butlar-Jackson is accused of issuing hundreds of pre-signed medical marijuana Physician's Certificates that were then sold for cash by medical marijuana business partner Brian Deloose out of the back of his Warren appliance store. The store was also advertised as the location for the so-called "Safe Access Clinic."

"Michigan citizens deserve the highest standard of care from their physicians and that is why we are taking this action today," said Schuette.  "We simply will not stand for the criminal use of a law that was meant to help a narrow group of seriously ill individuals."

The Michigan Medical Marijuana Program is a state registry program within the Michigan Department of Licensing and Regulatory Affairs (LARA), which also licenses health professionals. Under the law, patients can get a doctor's prescription for marijuana, which is ordinarily an illegal drug.

Established physician/patient relationship

"The law requires that there must be an established physician/patient relationship with a Michigan M.D. or D.O. as one of the steps for medical marijuana certification,” said Hilfinger. “Failure to do so could result in disciplinary action against the medical professional's licensure.

Hilfinger noted that before a patient may be certified to participate in the Medical Marijuana Program, a physician must complete a full assessment of the patient's medical history in the course of a bona-fide physician-patient relationship.  A signed physician certificate is then provided to the State as part of the patient's formal application to the program.

Schuette said an undercover investigation conducted by the Clinton Township Police Department from November 2010 through February 2011 indicated that Butler-Jackson, a licensed medical doctor, allegedly pre-signed medical marijuana Physician Certification forms that were later sold by Brian Deloose. Deloose, a licensed medical marijuana caregiver, allegedly sold hundreds of medical marijuana registration packets, complete with the Physician Certificates pre-signed by Butler-Jackson, to prospective patients for $250 each.