Drug War Issues
Politics & Advocacy
Medical marijuana patients are routinely discriminated against in medical settings. Even in medical marijuana states, patients are denied transplants because they are considered "drug abusers." All across the country, medical marijuana patients face problems in obtaining traditional pain treatment, especially because of "pain contracts" used by doctors who either don't understand or believe in medical marijuana or who fear the heavy hand of federal law enforcement, or both. Now, in West Virginia, one patient is fighting back.
Putnam County resident Ronald Sprouse filed a lawsuit September 3 against a doctor and health center, claiming they refused to prescribe him pain medications and dismissed him as a patient after he tested positive for marijuana on June 13. Sprouse is suing the Family Care Health Center, officer manager Janice Amburgey, and Dr. Larry Beker for refusing to treat him because he uses marijuana medicinally.
In his complaint, Sprouse admitted he smokes marijuana and said he does so to relieve the symptoms of Post Traumatic Stress Disorder. "In addition, the Plaintiff asserts that many medications have been used in the past to attempt to treat his disorder without success," the complaint said. "Only the use of marijuana has proven effective to control the Plaintiff's disorder." Without marijuana, Sprouse wrote, he becomes violent toward his family and is reluctant to leave his home for fear of how he will react to others. "Unless properly medicated the Plaintiff cannot sleep, has night sweats, and bouts of deep depression," the suit said
Sprouse admitted signing a pain contract, or pain management agreement that says: "Unannounced urine or serum toxicology screens may be requested, and your cooperation is required. Presence of unauthorized substances (legal or illegal) will result in discharge from the practice."
But Sprouse argued that the clause is invalid, first because Family Care did not provide him with a list of what it considered unauthorized substances. "Without such a list the Plaintiff had no way of knowing what Family Care considered to be legal or illegal unauthorized substances," the suit said.
He may have better luck with his second argument against the pain contract. He signed the contract under coercion, he argued, because he had to to obtain treatment. "In this case the Plaintiff was forced to sign the Pain Management Agreement or live a life in constant pain with no medication," his complaint said.
Sprouse also argued that he violated the agreement out of medical necessity, not malfeasance. "Family Care was not authorized to prescribe the medication needed to alleviate his serious medical condition, not is any medical professional in the state of West Virginia," the complaint states. "In order to preserve his health, mental stability, and the safety of his family and others, the Plaintiff was forced to medicate himself."
As a remedy, Sprouse is seeking a judgment against the center that would order it to continue treating him and bar it from placing any negative comments in his medical file that would inhibit other doctors or practices from prescribing him medication. He is also seeking court costs.
Sprouse has requested a jury trial. He is representing himself.
Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.
Comments
Go Ronald
Mr. Sprouse is a true advocate for what is right. Medical Marijuana is an effective treatment for many disorders including post traumatic stress disorder. More than 1/5 of the United States already has laws in place for use of medical marijuana. Others, like the wise folks of Ohio, have decriminalized it to the point of it being easier for a police officer to ignore personal use than to have to write a ticket up. And that is only 39 miles away from where Family Care is dismissing a patient for using medicine. I am a patient at Family Care and I am a medical marijuana user too. They have never dismissed me, and I have openly discussed my marijuana use with several staff members. I never signed the pain managment agreement, however. I also use marijauna spiritually in a religious practice that demands its use by doctrine. I am a minister in that religion, and my religion is recognized by the state of WV through my registry on the list of people allowed to perform marriages in WV. All this poor man wants is to be treated for the pains that the marijuana doesn't take care of. Although, Ron, if you use it orally instead of inhaled, it will help more with pain. Vaporizing (inhaling) is good for psychological uses such as PTSD, but pain management is better managed by oral dosing.
In reply to Go Ronald by Anonymous (not verified)
State West Virginia Verses Ronald Sprouse
I am a firm believer, in the good, Cannabis can contribute to the medical field. I myself have suffered from depression/aniety for most of my life, age 30. When I smoke (not medically percribed), I seem to release or dismiss the problems that are messing with my mind. I want to clean the house, talk with people, and most important I feel I can be more nurturing to my children. Why make it Illegal to smoke? How many people clog the jail/prision system with changes of intent. The goverment cant figure a way to TAX Cannabis. Ronald fight for your rights for pain feel living. I commend you for your strenght. A proud user of Cannabis for medical purposes.
In reply to Go Ronald by Anonymous (not verified)
pain
when do you go to court? I too live in WV? I live in chronic pain, I will go with you and tell then how pain meds. dont work. WE ALL NEED TO RALLY TOGETHER AND GO TO COURT WITH HIM>
In reply to pain by skully (not verified)
Med Pot.
I'm a retired cop and was severely injured. My neck pain stayed elevated, never lower than a 6 on the pain scale and for 7 years I was unable to lay flat to sleep as the pain was 10 + in this position. I went to a doctor who prescribed meds, and more meds, then more meds, then more meds.This occurred over a period of years. I was on so much pain meds that my daily life was just sitting. I never felt "high" just lazy,very "heavy" and generally like crap.. I didn't sleep unless I dozed in a recliner. I finally realized what people are not addressing here. Any mood altering substance is tolerable meaning your body, if truly in pain (or if it works) there is no getting around the fact that you will need more and more for the same relief, or effect. After dealing with so much pain, the medication seemed like a dream come true. I finally talked to my doctor at one point about my pain getting worse.........."We'll up the meds"....."no not this time"....I wanted to decrease until it was to the point where I could tolerate the pain yet function. This doctor had no answer......He treated the pain but never addressed the "whole mind and body issue"...I went to three other doctors. Rinse and repeat. I finally found a doctor who understood that pain medication is a like a band aide on a shot gun wound. You may stop some bleeding but the wound isn't going to get better .Pot, Percocet or Oxycontine...There is no difference. Within 3 months my new doctor had me off 80% of my medication with no ill side effects other than a increase in pain much less than I imagined. It changed everything. My mood and general health improved immediately and with it came less pain. He treats the entire mind and body.It was a "process" of successes and failures but in a short period we had it beat. I was dependent upon an artificial, unhealthy,limited and outdated method of pain relief. While medication is surely a need for some, most have to have the desire and professional direction to understand chronic pain and take control themselves. It's something that you will have to deal with for the rest of your life. I now take a Percocet when the pain get's out of my control, but as I became more active,the pain is more tolerable. I have regular intense traction sessions that are very painful at the time and frequent unpleasant injections, my pain is still there but I am managing it without the drugs and the side effects. I would never return to where I was before. Seek out all other methods before allowing your life to be controlled by something small enough to fit in your hand. I know this is not the answer for everyone.....I simply post this because I would have never believed it would have worked for me.
In reply to pain by skully (not verified)
pain
i too have chronic pain being diagnosed with spinal stenosis and degenrative disc disease. I also have rods in place halfway up my back. I know for a fact that marijuana eases the pain at least 85% better than opiates. I am afraid to go to to a pain doc for the very same reason you stated. I would most certainly rally with you.
I have CRPS/RSD as well as
I have CRPS/RSD as well as PTSD. I also go to a pain mgt. doctor. I signed a similar contract, but discussed my use of medical marijuana with my doctor. He gave me my first drug test a few months ago (he had put it off as long as possible). He asked me about my use of marijuana, and its effectiveness, then announced, "If it works, I recommend you continue using it, but you need to also understand that I need to protect myself and my other patients. Therefore I am informing you that your medical record will not contain my support of your use, and will say that I have strongly advised you to discontinue any further use of marijuana." *sigh* Such an atmosphere of fear and deception has no place in my medical treatment.
We need to send him money
We need to start a collection effort so that Sprouse can retain an attorney. Even better, the Marijuana Policy Project, of which I am a member, should assist Sprouse with his case. If he tries to argue his own case in a place such as West Virginia where public sentiment is strongly pro-police, he doesn't stand a chance. The defense lawyers will at some point haul in a cop to recite the litany of lies that they use to demonize cannabis, medical and other, and the good West Virginians will sagely agree. After having sent the drug abuser packing, the good jurors can enjoy the warm feeling that spreads from having done a good deed. (More likely, it's the warm feeling of spreading piss as the obedient yahoos soak their pants.) We shouldn't let Sprouse go up against those bastards by himself.
In reply to We need to send him money by Anonymous (not verified)
I've already asked Advocates all over USA for help
I wrote Marijuana advocates all over USA, including WV MPP and WV NORML.
None will help, why are we sending them money to defend these people and to help get laws established If they don't do anything? This would have been an opportunity to introduce Medical Marijuana in WV.
Then why am I not surprised... most of the Marijuana advocates are starting to look like politicians, law enforcement, judges, prisons and attorneys.
Where would they get their paychecks if Marijuana where legal?
In reply to We need to send him money by Anonymous (not verified)
medical smoke reply - really pissed off patient w/same problem :
Better yet, we need to rally together and have many others join him in his fight. I have also suffered the same behaviors and opinions, and finally dismissal from more than ONE pain mgt. clinic. I know that we are not the only two peeps out here that have this same issue, which of course, is using marijuana for medical assistance that truly the benefit outweighs the consequences, as in many other drugs that have been legalized, specifically pain meds, benzos, etc; and at the same time, WE CANT LEGALLY RECEIVE THE MEDICAL HELP WE SO VERY MUCH NEED IN ORDER TO LIVE A SOMEWHAT NORMAL LIFE!!!!!! Basically, there are a slew of folks out here in the the tri-state area (WV, OH, KY) that are unable to continue long-term pain mgt. care with prescribed pain meds due to the law, and it seems from the above posts that it is up to the Dr.'s discretion as to how long or if he/she will continue to prescribe the medication. In the end, we all lose out eventually, because ven if the folks out there are non-users have difficulty obtaining these desperately needed pain medications just as the many that now have a documented medical record (supposed to be confidential, but yeah right, u know, lol...) with these random or entry screens that are give to patients to check use of illicit drugs and/or prescription drugs.
So what is the answer? Legalize it, and let us have our damn pain meds that SO MANY F_ _ _ _ING people need just to attempt to live a semi-normal/natural life in which you feel some joy during the day, instead of biting off everyone's head you come into contact with due to extreme irritation, your entire body feels like you have been rum over by a truck (which is exactly what happened to me btw...lol...idiots), sharp and stabbing pain that NEVER goes away and because the pain is so intense (depending on your situation) you could literally saw off an appendage on your OWN body if it would take the pain out of my back, YEAH, ITS THAT BAD! DAMN IT MAN! But who's bitter, right? LOL, really I am doing somewhat better, however, I had to tell Mr. Sprouse that I would be more than happy to assist in any testimony needed for trial in regard to pain and the Dr.'s that go with it...but basically to let him know that he is not alone. Many others suffer just like you Mr. Sprouse and I hope that one day you can find relief and a doctor that helps you finally get your life, your family, and most of all, yourself back!
I agree with you
I think NORML and MPP should get very involved in this case. It will open the door to marijuana law reform in WV that won't likely see the legislature any other way. We need sprouse to win his case or the legislature will pass even stricter laws riding their win. We cannot let that happen
Yes - I too am very
Yes - I too am very concerned for this brave man, Mr Sprouse, as he fights an unfair fight: one against many. How can we help him get the support he needs to win in court?
Concerned citizen
Another War on Drugs Crazyness
Thank you USA for bringing us the War on Drugs with all of its misinformationk, politicization of institutions and thanks good they did not stop the censorship yet, but they tried. Else they would have been able to report on this case.
The War on Drugs Hawks are runing, they have no arguments.
They know that history and science is against this War on
Drugs. So they do their best to intimidate and make
people fear. Fear is the only tool they have, because
they are running out of scienrific nor political
argument to continuo this war that has cause trillions
of dollars and have not given us much results.
In any other business they would have been out of business.
If they would have spended all of this money in public
health and treatment we would have not have the half of
the problems we have now with drugs. We wouldN'T have
people shooting dope under xpressway and leaving their
syringes behind because they are affraid that the cops
are going to bust them for posession of resedue for
only carring a syringe. We would have been doing
research about the best use for marijuana and what it
ails people.
Drugs have efficacy or else people wouldn't
be doing them and if they get in trouble with using or
changing them too much, they could go to treatment.
Instead they have driven a whole system of people
undergroud like they were rats. It is basically racist in
nature and disigned to disfranchise parts of our community
and keep them unemployed, with out civil rights, the right
to vote and be full participants of our community. The hawks
creat a fear that this people are imoral and not decent. What
is worse is that we have to double check ALL of this
statistics and guesstimates because they are questionable
of the scientific method. The hawks wants to keep us in this
war and they are outright lieing.
indiana marijana laws inhumane for injured worker
I was injured at work 2-1-07.Beginning my life of disability and cronic pain.Smoked marijana helped me get threw being stuck home all day disabled.It really helped with pain and depression.Put a smile on my face despite my condition.After 18 months of being on pain meds my dr left clinic.New dr urine tested me 3 times in 2 weeks.Reffered me to pain management.Who test me every 30 days.And said clean up thc on test or no more meds.Been clean over 60 days now.The injured worker bill of rights states we are protected by law from being mistreated.But I guess being forced to hate life in general.Is not considered mistreatment.A medical marijana clinic in oregon said my condition would qualify me.Probably move to a little apartment there and visit wife and kids every couple months.This country is not equal oppertunuty for disabled workers.
I wrote advocates all over USA, none will help
I wrote Marijuana advocates all over USA, including WV MMP and WV NORML.
None will help, why are we sending them money to defend these people and to help get laws established If they don't do anything? This would have been an opportunity to introduce Medical Marijuana in WV.
Then why am I not surprised... most of the Marijuana advocates are starting to look like politicians, law enforcement, judges, prisons and attorneys.
Where would they get their paychecks if Marijuana where legal?
assholes like you
You need to learn the correct use of the English lanquage and educated yourself on the FACTS. Who gives you the right to judge others who have first-hand knowledge of what does or does not help their illnesses. We all know that marijuana in NOT the cause of drug abuse as our government officials leave the ignorant to believe. Open your eyes, more drugs than ever before in history are being abused recreationally. Legal marijuana is more beneficial to a society than making it illegal to use. Again, do your home work and know the truth.
Peace and Love, Carol
dr need to know
Dr. Should be explained in the benefits of the use of marijuana. I am a chronic pain person. When i can not stand the pain smoking pot is the only thing that helps me relax. All the Oxycotin and Percet in the world sometimes DOES NOT HELP. It is a shame that I can not be honest with my Dr. For fear of him turning me over to the police. I am hoping that president Obama will confront this issue. Seeing that his oun grandmother died of cancer. I would much rather smoke a joint for some pain releif, Than ruin my kidnes and liver that the pain meds are doing to them
Cannabis ABSOLUTELY WORKS for PTSD!
As a former Paramedic/Firefighter who suffers from PTSD, I can attest to the medicinal properties of Cannabis. I was witness to two firefighter deaths and was almost killed, myself. I started using Cannabis( I prefer Cannabis to Marijuana for many reasons I won't get into) about the time that I begin to suffer from PTSD. It works vastly better than any anti-depressant I have tried for PTSD. It seems to modulate my moods, helps me sleep better, without any unpleasant dreams. I actually sleep through the night and feel really good the next morning. With Cannabis, I don't think about the events that caused my PTSD as much. I can actually get enjoyment out of things, instead of only being anxious and angry. The fact that this miraculous herb is illegal is fucking stupid. The Drug War is bullshit and it must end now!!
Everyone has a opinion
I respect everyone's opinion on this subject because we will all stand up for what we believe in. So here is mine....I have smoked marijuana since I was 14 years old and am now almost 49. I did not become addicted to other drugs, I don't drink and I have a very high IQ. As previously posted, alcohol and prescription drugs are far worse on the kidneys and liver...speaking of which, it is true that medical facilities won't allow for transplants if you smoke cannibus, however, I must not have tested positive when I received my kidney transplant in 1986, because I sure did receive one. Also it was a cadaver (non-living) and only expected to last approximately 5 years and I discussed my cannibus usuage with my transplant coordinator after the fact and she assured me that I would lose the kidney if I continued to indulge......I did continue to "indulge" and have had the kidney for 23 years and still going strong. If that really want to go after a drug that truly kills the mind, the body and the spirit, legalize cannibus and prohibit alcohol. There are numerous problems with transplantation and one of them is the immunsuppressive drugs that must be taken daily every day for 23 years.....they do a number on your stomach and various other parts of the body. If it weren't for smoking, there would be no relief....and by the way, I did my own experiment with cannibus and tried to refrain from smoking. Each and every time, I started rejecting the kidney. My nephrologist is aware of this and agrees that "it's not as bad as we once thought it was." Now the only problem that I face is trying to locate it, buying it at street value, taking the risk of imprisionment and the humiliation of being labeled as "drug user." We are not "dopes", we are educated people trying to educate the rest of the world. Guess I will have to move to one of the 13 states that will allow for medical use of cannibus or everyone that lives in Virginia and believes it's our right to live in pain-free environment with vomiting everyday and having some quality of life needs to get on board and either put up or shut up. Oh, and if you decide to respond to this blog, I don't need some wise guy telling me to start packing or giving me a hyperlink to the nearest drug rehab center....only intellectuals need reply.
Medical marijuana use in WV
I am a Vietnam veteran; who supports the use of medical marijuana. I have used marijuana for many years. I suffer from PTSD, anxiety, depression and arthritis. The arthritis is in my both feet, both legs, both hips and both arms. I am on a lot of prescription pills for all these.
I am sitting here with my legs swollen and the skin is pealing. My left leg is swollen so much the the skin feels tight around my calf. This whole thing started about a month ago. My doctors at the VA have been changing some of the prescriptions I'm taking. Because some of the meds are not working anymore. I have just completed a step down program from effexor. I am completely off it now, but it has been replaced by cital opram hydrobromide. I have been put on seroquel since Janurary. I see that in Europe there is a class action lawsuit against seroquel.
I have been going to the doctor once a month. From my visit in March to my visit in April - I've gained 8+ lbs. I weigh 240 lbs. I think it is caused by some of the steroids in my meds. I am pretty sure that my swollen legs and weight gain are caused by the pills I am taking.
I showed the doctor my swollen and pealing legs. He seem to think that it could be a blood clot. The doctor also gave me some pills for the infection in my leg. I have told the VA for 2 1/2 years now that what ever happens do not give me penicillin. Well the pills he gave me turned out to be amoxicillin. So now I am 3 days into hives and itiching all over and eating benadryl like crazy.
I am thinking that I could get rid of 2 - 3 maybe more pills that I am taking.
If a person was in need of a prescription for cocaine or morphine; they could get a prescription for them in all the states in this country. But if you don't live in one of the 13 states that support medical marijuana; you are not going to get a prescription for it. Then you still have to watch out for the federal government.
I see that the Department of Health and Human Services has the patent on medical marijuana.
US Patent 6630507 titled "Cannabinoids as antioxidants and neuroprotectants. Why does the US government lie about this issue while holding the patent?
Thanks,
contact normal for a lawyer
the war against canibus will always continue. over the years i have kept up with what is going on. Im sure if u contact a canibus magizine or NORMAL they will help
marijuana medical use organ transplant denial
I along with many others have been denied access to the wait list for organ transplant because of my medical marijuana usage in california. This is a bit more serious than just pain management. There are no law suits I know of regarding this issue. There should be. It does not surprise me no lawyers will help this guy out. it also angers me. Is it a right or privlege to receive a transplant? That is the question. I think its a right. Is it a right to breath air?
only a murderer would think not. There should be a class action law suit for people who need a transplant but are denied because of marijuana usage,
even when perscribed by a doctor. Please, someone step up to the plate don't let us continue to die for our choice to medicate with marijuana.
Pain and Marijuana
I too have had the same experience. Having major chronic pain, I have been denied my pain medication due to having marijuana in my system. I experience anxiety, depression, multiple compression fractures in my back, a shattered heal, broken heal, and broken hand which still give me pain, especially during certain whether patterns. The back pain is constant and intense. I too have resorted to medicating myself with marijuana. I believed with being up front with my doctors and have never denied use, but this policy was not in my best interest. Now, I am suffering day to day, with no pain medication, and only able to afford pot occasionally. I am legally disabled due to my chronic pain and injuries, but am denied my pain medication to suffer because of using marijuana. I guess if I drank a 24 pack each night, I would be fine. Dead, but fine. Keep up the good fight!
William
California Medical Marijuana Patient experiences the same
I"m curious about where this case is at now?
I'm a medical MJ patient.
I have never signed a pain management contract with my medical clinc/dr.
I am not a vet.
I have PTSD, severe depression and social anxiety disorders.
Today when I asked my doctor for a prescription of Norco for severe back spasms I was denied based on a new policy that thier clinic will not precribe and pain medication to medical marijuana patients.
I am on no other pain meds.
My MJ script is not based on pain.
I was given no prior notice of this policy.
I am laid out in bed on my back in severe pain and a new Dr's appoinment for 2 weeks from now.
Any advice ?
Ronald Sprouse
Does anyone know what happened with his court case?
Someone please tell us how the case turned out
My husband is in the same situation . It is wrong wrong wrong and we need to fight it in court. Anyone know of similar cases? thanks
Someone please tell us how the case turned out
My husband is in the same situation . It is wrong wrong wrong and we need to fight it in court. Anyone know of similar cases? thanks
Patients Rights!!!Screw the GOVT
As we know the gov has owned a urine testing company,.This is one,a war against Hemp and all its safe products,a war against a natural cancer fighting medicine and a war against our god given personal freedoms.set up a legit pay pal account with a attorney,I can think of one.Chris Campbell ca attorney.And lets get the ball rollingVery stressing time when I found it,cannibus helpful to ease my stress.Now one day after surgery,I am able to start weaning off.But this fight must be fought and won.I am most sure even doctors would pitch in:)
Where can I find a lawyer?
I have been diagnosed with Ostencrosis in my right hip, the pain that is associated with this is compared to bone cancer, I was receiving my pain meds for almost two years and was prescribed 150 perc. 10s a month, one day I went to my Dr and he said that I had to take a drug test, They found that I had used marijuana, I used it because there is a lot of depression and anxiety associated with chronic pain, My Dr said he could no longer prescribe the narcotics to me because of this. I told him that I would not test positive again he said that did not matter he still would not prescribe me any narcotic pain meds. I never even signed a pain management contract. I told him that then I would end up going to the E.R. when things got out of control he warned me that would be a bad Idea because then they would label me as a drug seeker. What am I suppose to do go on the street and buy pain meds of the street? I do not like the way the pills make me feel but I need relief from the pain. Any one got any suggestions? I am not just a drug addict I would rather have them fix this pain issue but still can not get a Orthopedic surgeon to do any thing for me.
pain patients not getting progressive or even fair treatment
I am so tired of people who look at us, the ones who used to make the gears of this country go. I have worked all of my life and now that I am hurt and need pain medication our governments are cracking down on the physicians who are addressing our needs. I realize there are " drug seekers" out there, but not everyone is in that category.
I hurt my back in 2004. I live everyday in pain. Doctors have told me " I see that you have a necessity for pain medication, but if I write it for you I will not be able to practice medicine very ling as I would be shut down.
Thankfully, I have found a clinic in Eastern Kentucky which will take care of me, they are compassionate and understanding. They take time with you to insure your being treated correctly and therapeutically. I have to test quite frequently but I understand they need to insure I am doing what I need to do to protect them.
In fact thanks to my pain doctor I am preparing to re-enter the work force, and regain my life. So to all those needing a good pain physician I have set up an email address contact me and Ill give you the contact info.
Email me at [email protected]
From what I understand they accept patients from the following states: West Virginia, Kentucky, Indiana, Tennessee, Ohio. They only charge $200.00 for an office visit. But you must have your records.
So anyone who thinks that there is no such thing as actual chronic pain, first of all look up and thank your god, secondly get a clue because some people actually work for a living, and others are put into those unforeseen situations and none of us want to be there but we are. So quit looking down on us and to the state officials and licensing boards. Get off your damned soap boxes and realize we have paid into your salaries, and quit judging because you don't know what the patient is going thru why don't you ask rather than assuming. After all you know what they say about assuming, it makes an ass out of both you and I, and now mine hurts from sitting here so long talking about a bunch of know it all idiots. I'm Out
Anyone in the aforementioned states needing pain medicine or anxiety or any medical problem get in contact with me and I'll point you in the right direction. These people are truly miracle workers.
How can anyone support this guy!?
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