Laminate vs. Hardwood Floor covering: Which Is Much better?

What is Reclaimed Wood Flooring and is it For Me? - Hardwood Flooring  Services MI - Cameron the Sandman | Wood Flooring Contractor

Slippery, cool, dark, as well as handsome. What is it? Wood floorings! But did you know the timber floorings you could be depending on could in fact be laminated floors?

What’s the difference and also which is one is much better Floor mod? Continue reading for some pro suggestions on how to pick between laminate vs wood floors.

New laminate oak parquet slats in different colors.

Advantages and disadvantages of Laminate vs Hardwood Floor.

Both laminate and hardwood floors have benefits and drawbacks. As well as which one is better for you depends entirely on your lifestyle and spending plan. Below are some aspects to consider:.

Look.

In the earlier days, laminated floorings risked of developing creases and also weird bumps when they were not made or installed correctly. Thus, it was simpler to tell them aside from wood floorings.

However, because of much better modern technology today, manufacturers have actually improved at designing prints that look more reasonable, making it harder for most to discriminate. Still, some would certainly say that there is nothing like the actual point.

Building and construction.

Hardwood floorings, as a number of us currently know, are made from genuine timber cut from collected trees. Laminate floors, nonetheless, are made from composite timber that is then covered with a manufactured print that emulates real timber.

Rate Factor.

Due to the difference in product and also the manufacturing procedure, the cost factor in between wood as well as laminate floorings is quite various.

The price of wood floorings can be a little bit extra or a lot much more depending on exactly how uncommon the sort of wood you choose is. Laminate floorings, on the hand, can be as much as half less than hardwood floors. This is due to the fact that not only is the material less expensive to make, however it also is simpler to set up.

Durability.

Natural timber is more vulnerable to deterioration, such as scrapes and also fading from the sun. However in the future, it is more powerful and also can take extra damages. If well dealt with, a wood floor can last approximately twenty-five years or a whole lifetime.

Laminated floorings, on the other hand, do not hold damages also. So, if you stay in a family with heavy traffic, a laminated flooring will probably demand to be replaced before you market it if you wish to keep or boost your residence value.

Repair work.

Typically, hardwood floor is much easier to deal with than laminated flooring because it can be sanded down or redecorated easily.

If one part of your laminate floor is damaged, you have to replace that particular location with an entire brand-new board. Initially, the brand-new board may additionally stick out extra from the remainder because it’s newer and shinier.

The Bottom Line.

The best method to tackle picking laminate vs hardwood flooring is to think about just how much website traffic your house obtains. And also, do not neglect: It’s not just feet. If you have youngsters, senior parents, or pet dogs in the house, then think of chairs dragging, mobility devices, and small paws as well.

And also finally, think about the quantity of time you’ll be in the house. If it’s only for a couple of years, after that possibly laminate flooring could be sufficient. But, if you intend on staying for a long time, after that wood floors might be worth the investment.

Smart Phones Are the Craze – Is the iPhone Worth It?

The initial type of programs to bear in mind in regards to increasing your living output is apps linked to operating and obtaining your path around. These are GPS applications, and they primarily turn your cell phone into a little lightweight GPS device. These programs enable you to only select in your local area and you will have a way to see nearby eateries as well as the addresses of your pals and family.

Google Routes Navigation is a great program that can help you accomplish only that. This is generally an intelligent telephone edition of the very popular web site on the web that enables persons plug in recommendations and look for locations. Google’s Routes Program presents satellite and street opinions that different portable applications do not provide.

Business applications for the LG Joy will also be very important because they could support us remain arranged and make living much easier for us. Organizational programs may include apps that allow you to with scheduling and conference appointments and deadlines, in addition to apps at that help you add up calendars and also create your personal to accomplish lists through the touch screen and writing performance of the phones. It is now more challenging to remain on top of things these days in contemporary life, because so many individuals have so many different obligations to have a tendency to, so when you can change your cell phone into an friend to help you remain related and up to date with modern living, then it’s worth taking advantage of.

Cellular Buying has also become remarkably popular and that is why there are numerous shopping programs for sale in the App Market. These kinds of apps can provide you with recommendations and addresses and entries to the closest centers, sites, food markets, and other aspects of modern living that you could be interested in finding in the real world. You can even use such programs to learn a number of opinions of shops that can help you find out which store you’re thinking about visiting or buying things from.

As you can see, you will find numerous aspects concerning the LG Thrill may be beneficial to day-to-day coping with several programs, including apps for operating, shopping, and work. On the way, it may perhaps not be considered a poor thought to appear into some extras such as a information wire, a case, monitor guard, and a Bluetooth headset. With a information cable you will have the ability to transfer documents from your own PC to your telephone and the Wireless headset allows you talk hands-free while you travel which can be really advantageous to your safety.  Shycocan

their property to review if the garage home closed. Acquire some bit of mind and don’t worry about turning every thing down before you leave. You can change every thing down without even being there. Connect with an individual screen, shut garage door and check every other components you may have forgotten. A good house will also support keep you on-time.

Simplify your property and work the House Theater audio, movie, and various other components all from remote control. One remote control is an easy and convenient method to enjoy audio in virtually any room at anytime. If you prefer music, utilize the multi-room music feature and balance out the acoustics in your home. You can be eco-friendly and enjoy the right feel in every room with lighting control. Dimming your lights employs less energy, therefore helping you save money. Appreciate get a handle on from anywhere with a good phone or net connection. Get some bit of brain and monitor your house security while on the road.

Online Vehicle Racing Games For Free!

Have you got a internet at home? Do you intend to make your children happy? You can ask them to perform Online car games. These car activities are absolve to perform and absolve to perform and option with free downloading. pkv  offers you an advantage that you might want not to save lots of the overall game on your computer and therefore it do not occupy any space in your computer. Lot of space is therefore preserved by enjoying car activities those can be found online.

How exactly to perform on line? Children are expert in these! It really is easy to perform activities online. You’ve to search for on line racing activities by adding related keyword in the search engine. This may provide a list of on line bike and car games. Choose any of the website. Then choose among the sport those are available in the website. Website also offers various kinds of activities centered on car racing or bike racing.

Select the overall game you would like your child to play. Broad stages of vehicles can be found to choose from. Select the vehicle type, car shade and street type as your child wish to perform with. Focus on the beginner’s stage so that it can become simple for your child to learn how to perform and how exactly to win. Novice levels are easy to perform and in this highways are easy without any disturbance. After your child get an idea about how exactly to perform on line sport he can choose next difficult levels where there are numerous difficulties and disturbances those are expected to be experience during the race.

Before your child begin enjoying a game, question him or her to learn all the guidelines of the overall game, the methods to play. If the child will probably perform through keyboard, question him to understand various key’s functions such as for instance to increase rate, to separate, to get turns, etc. Playing on joystick is rather simple and simple. Additionally, it useful as two participants can play a racing game. Small demonstrations are also beneficial to learn how the overall game works. Display activities are specially made for children by using their era in to consideration. You can choose the vehicle sport for your child according to his age. Because of this you can study the information those are provided with the game.

With the improvement in information engineering, internet offers array of on line car and bike games. There are many other on line activities are also accessible such as for instance [e xn y] activities, puzzle sport, football, cricket, and several more. But among these car activities are hottest as they give enjoyment, enjoyment and excitement to your child.

Downloading Online flash activities in to your PC enables you to perform all kinds of activities without switching on the web connection. But it is sensible to perform on line as on line car and bike sport do not occupy space of your personal computer and your child get chance to perform new car sport every time. It is nice way to invest some time by enjoying car activities online.

Top 10 Benefits to Look for When Comparing Private Medical Insurance Quotes

If you are residing in the UK, you are possibly aware of the long line of patients waiting for therapy through the National Health Service (NHS.) This is worrying and you need to take measures to protect your self from such eventualities. Choosing to decide on a reliable and successful individual medical insurance (PMI) is the best option.

Features of Personal Medical Insurance

There are lots of advantages in choosing a personal Health insurance. Each insurance organization has a unique benefits and desirable packages. There are lots of to pick from and often, you may not know which of the assortment of services they offer could match you best. In that case businesses like Medical Estimates are here to help out and solve this issue for you. To begin with, what are the advantages of a personal medical insurance? Below are a couple of general advantages and benefits a personal medical insurance presents:

Punctual reaction

Whether you are in a medical disaster or not, individual insurance businesses can respond immediately to your needs. You won’t have to wait for days or even months to really have a general medical check-up and have those important diagnostic tests done. A number of them provide the possibility of you using regional medical institutions in your area. In addition they give easy access, so you can contact them when necessary.

The flexibility to select services

You can choose easily from the services they provide. There are lots of you are able to pick from without causing you financially constraint. Additionally there are extra services they offer for many packages. If you are on a tight budget, they could provide you with an insurance strategy that’ll match your budget and requirements. You can choose what you want to add and what you’d relatively not use.

Freedom of funds

Personal medical insurance businesses offer you the possibility to select your own cost strategy to meet your present financial situation. They give you a wide variety of cost ideas therefore there’s selection for everyone. Comparing their terms and rates will benefit you and make it easier for you really to choose which strategy matches your preferences best.

The significance of insurance specialists

In the arrival of various individual medical insurance businesses, some are great help in joining you with genuine and trusted Personal Medical Insurance brokers. A small number of these businesses are absolute Medical Insurance Specialists therefore you can be sure of quality information about the most trusted brokers.

You can precisely examine the various individual medical insurance presents and determine the good qualities and drawbacks of each insurance plan. There’s actually a possibility to demand a custom made insurance plan for you and your family.

The services provided by medical insurance specialists are 100% free from charge. These businesses offer you outstanding data and lay out all your options. Also although chances are you currently will soon be very pleased with the received quotes, there’s zero duty to get – rendering it totally risk free.

They offer quick and quickly access to individual medical insurance brokers following filling out a questionnaire that’ll possibly take you less than 30 seconds. Selecting a medical insurance expert over different medical insurance businesses is a superb choice in ensuring that the quotes you receive are generally affordable and particularly designed for your present situation and requirements. Not only that, you can have the satisfaction that the option you made was the best solution possible.

Medical Marijuana Implementation in the State of Arizona

I wouldn’t be a good attorney unless I prefaced this article with a few disclaimers: 1) Marijuana is still a controlled schedule I substance and is illegal in the eyes of the Federal Government of the United States; 2) This article is not to be construed as legal advice, nor is intended to take the place of the advice of an attorney, and you should consult with an attorney before taking any actions in furtherance of the subject matter of this article. Ok, let’s begin.

In the month of November, the State of Arizona passed Proposition 203, which would exempt certain people from controlled substances laws in the State of Arizona. However, it will still take some time before medical marijuana is implemented as policy in Arizona. The Arizona Department of Health Services has released a proposed timeline for the drafting of the rules surrounding the implementation of Proposition 203. So far, these are the important time periods that should be paid close attention to:

December 17, 2010: The first draft of the medical marijuana rules should be released and made available for comment on this date.

January 7, 2011: This will be the deadline for public comment on the first draft of rules mentioned above.

January 31, 2011: The second draft of the rules will be released on this date. Once again, it will be available for informal comment as in the draft referred to above.

February 21 to March 18, 2011: More formal public hearings will be held about the proposed rules at this time, after which the final rules will be submitted to the Secretary of State and made public on the Office of Administrative Rules website.

April 2011: The medical marijuana rules will go into effect and be published in the Arizona Administrative Register.

It is important that at all times throughout the consultation process, interested parties submit briefs and/or make oral presentations when permitted. Groups with interests contrary to those of medical marijuana advocates may also be making presentations, and may convince the State to unnecessarily restrict the substance or those who may qualify to access it if there is no voice to advocate in favor of patients’ rights.

Some key points about Proposition 203’s effects

-Physicians may prescribe medical marijuana for their patients under certain conditions. “Physician” is not defined in a way limited to normal medical doctors. Osteopaths licensed under Title 32, Chapter 17; naturopaths licensed under Title 32, Chapter 14; and homeopaths licensed under Title 32, Chapter 29 may all be eligible to recommend marijuana for their patients.

-In order to be prescribed medical marijuana, a person must be a “qualifying patient.” A qualifying patient is defined as someone who has been diagnosed by a “physician” (as defined above) as having a “debilitating medical condition.”

-Debilitating medical conditions include:
• Cancer, glaucoma, HIV positive status, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, or agitation of Alzheimer’s disease or the treatment of these conditions.
• A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: Cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
• Any other medical condition or its treatment added by the Department of Health Services pursuant to Section 36-2801.01.

This last qualifying condition is underlined because it is vitally important during the rulemaking process. Although Proposition 203 allows for the public to petition the Department of Health Services to exercise its discretion to add conditions under this section, bureaucracy is notoriously difficult to get to change any law. The initial discretionary rules for additional treatments could be exercised during the public consultations that occur between December and March, though this is not certain.

It is therefore important that, in the event that the addition of medical conditions is considered during the consultations, any stakeholder who wishes for a medical condition not listed in the first two bulleted items above to lobby during the public consultation periods for the Department to add the additional medical condition to the list of debilitating medical conditions. In order to increase the prestige of any presentations made to justify adding medical conditions under Section 36-2801.01, it may be helpful to solicit the testimony of sympathetic Arizona-licensed medical doctors who can testify on paper and at the public hearings about why the proposed condition should be added. Documents showing that other jurisdictions, both in the United States and elsewhere, currently use marijuana as a treatment for the proposed condition may be helpful, as would medical journals on the subject.

It should be remembered that despite his cheery YouTube videos about the medical marijuana rule drafting process, Director of Health Services Will Humble wrote a submission in opposition to the passing of Proposition 203. He did so on the grounds that the FDA does not test the drug, and even though the federal government’s anti-marijuana policy is well-known it should not be relied on as an authority for unbiased medical marijuana research. There is no reason to believe that Director Humble will be any less inclined to obstruct the use of medical marijuana during the rulemaking stage, and all proponents of medical marijuana should be sure to make their voices heard at the consultations to prevent the obstruction of the intent of Proposition 203.

Extent of Rulemaking during Consultations

There are other provisions in Proposition 203 which will be discussed during the initial rulemaking process, and they will probably be the main focus of the consultations. The consultations will create rules:
• Governing the manner in which the Department of Health Services will accept the petitions from the public previously mentioned, regarding the addition of medical conditions to the list of the already enshrined debilitating medical conditions.
• Establishing the form and content of registration and renewal applications submitted under the medical marijuana law.
• Governing the manner in which the Department will consider applications for and renewals of medical marijuana ID cards.
• Governing the various aspects around the newly legalized nonprofit medical marijuana dispensaries, including recordkeeping, security, oversight, and other requirements.
• Establishing the fees for patient applications and medical marijuana dispensary applications.

The most crucial part of the consultation period will be regarding the rules governing the establishment and oversight of medical marijuana dispensaries. If interest groups lobby the Department to make the recordkeeping, security, oversight, and other requirements around dispensaries too restrictive, it will have the effect of reducing the availability of medical marijuana to patients and driving up the price of medical marijuana due to the lack of supply. It could simply become too costly to comply with all of the regulations.

During this stage, it is important that stakeholders-particularly medical marijuana dispensaries from out-of-state, and perhaps pharmacists with a bit of economic knowledge-submit briefs explaining why certain proposed rules may have a negative effect on the patients this Proposition is supposed to help. The proposed rules have not come out yet, but when they do, they should be closely scrutinized for the possible negative impact that unnecessarily tough security and recordkeeping on nonprofit dispensaries might have on patients.

The other major factor in the rulemaking will have to do with the fees. The Department will be setting fees for medical marijuana dispensaries during the consultation period. Proposition 203 provides that the fees may not exceed $5,000 per initial application, and $1,000 per renewal. However, with some lobbying during the public consultation, it is possible that the actual fees will be much less since these are simply the maximum that the Department may charge.

Discrimination against Medical Marijuana Users

Under Proposition 203, discrimination against medical marijuana users will be prohibited in certain circumstances. Based on our analysis, a person may not:

• As a school or landlord, refuse to enroll someone or otherwise penalize them solely for their status as a medical marijuana cardholder, unless not doing so would result in the loss of a monetary or licensing related benefit under federal law or regulations.
• As an employer, discriminate against hiring someone, or terminate them or impose any conditions on them because they are a medical marijuana cardholder, unless not doing so would result in the loss of a monetary or licensing related benefit under federal law or regulations. Employers may still terminate employees if the employee is in possession of or impaired by marijuana on the premises of the place of employment or during the hours of employment.
• As a medical care provider, discriminate against a cardholder, including in matters of organ transplants. Medical marijuana must be treated as any other medication prescribed by a physician.
• Be prevented, as a cardholder, from having visitation custody or visitation or parenting time with a minor, unless the cardholder’s behavior “creates an unreasonable danger to the safety of the minor as established by clear and convincing evidence.”
Although there are certain prohibitions on discrimination, there are also provisions which permit discrimination against medical marijuana cardholders:
• Government medical assistance programs and private health insurers are not required to reimburse a person for their medical marijuana use.
• Nobody who possesses property, including business owners, is required to allow medical marijuana on their premises (this seemingly includes landlords who, although they cannot refuse tenants based on their being a cardholder, are permitted to prevent cardholders from bringing marijuana onto the landlord’s property).
• Employers are not required to allow cardholders to be under the influence of or ingest marijuana while working, though the presence of marijuana in the body which is not of a sufficient concentration to cause impairment does not establish being under the influence of it.

Rules Related to the Establishment of Dispensaries

Although the final rules around security, recordkeeping, and other requirements for medical marijuana dispensaries will not be established until April 2011, there are certain requirements which are enshrined in Proposition 203 itself and can be known ahead of the time that the final rules come out. These minimal requirements may not be as restrictive as the final requirements which are published in April 2011.

• Medical marijuana dispensaries must be nonprofit. They must have bylaws which preserve their nonprofit nature, though they need not be considered tax-exempt by the IRS, nor must they be incorporated.
• The operating documents of the dispensaries must include provisions for the oversight of the dispensary and for accurate recordkeeping.
• The dispensary must have a single secure entrance and must implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized access to areas containing marijuana.
• A dispensary must not acquire, possess, cultivate, manufacture, deliver, transfer, transport, supply, or dispense marijuana for any purpose other than providing it directly to a cardholder or to a registered caregiver for the cardholder.
• All cultivation of marijuana must take place only at a locked, enclosed facility at a physical address provided to the Department of Health Services during the application process, and accessible only by dispensary agents registered with the Department.
• A dispensary can acquire marijuana from a patient of their caregiver, but only if the patient or caregiver receives no compensation for it.
• No consumption of marijuana is permitted on the property of the dispensary.
• A dispensary is subject to reasonable inspection by the Department of Health Services. The Department must first give reasonable notice of the inspection to the dispensary.

Comparison to California’s Medical Marijuana Law

The Arizona law is by no means the same as the law in California. There are certainly some differences between the two, though in some respects they are comparable. This is a comparative analysis of the two laws.

Similarities:
• 
Both laws, as a practical matter, allow for broad discretion on the part of a physician to prescribe marijuana to patients who suffer from pain. In the Arizona law, “severe and chronic pain” is the legislated standard. In the California law, any “chronic or persistent medical symptom” that substantially limits the life of the patient to conduct one or more major life activities as defined by the Americans with Disabilities Act of 1990, or that if not alleviated, will cause serious harm to the patient’s physical or mental safety, qualifies.
• Both laws have a number of illnesses which are automatically considered qualifying illnesses for the prescription of medical marijuana. These include, but are not limited to, AIDS, cachexia, cancer, glaucoma, persistent muscle spasms, seizures, and severe nausea.
• Both laws require the use of an identification card by those who have been prescribed medical marijuana, after the cardholders have gone through an initial application process in which the use of the drug has been recommended by a physician.
• Both states do not factor in the unusable portion of the marijuana plant in determining the maximum weight of marijuana that is permissible for possession by a cardholder.

Differences:
• 
Though the rules have not been finalized, the Arizona law appears as though it will be regulated on the state level and therefore uniform across Arizona. The California law, however, is regulated significantly on the municipal level, and therefore the rules around dispensaries can vary greatly from one municipality to the next.
• The Arizona law provides a broader spectrum of people who are considered a “physician” for the purpose of prescribing medical marijuana. In California, only medical doctors and osteopaths are considered to be physicians. In Arizona, in addition to medical doctors and osteopaths, naturopaths and homeopaths will also be permitted to prescribe medical marijuana.
• In California, patients or their caregivers may grow marijuana plants in lieu of using a medical marijuana dispensary. In Arizona, patients may only grow marijuana or designate someone else to do so in lieu of visiting a dispensary on the condition that there is no dispensary operating within 25 miles of the patient’s home.
• The maximum possession limit for marijuana in California is eight ounces per patient, whereas the limit is only 2.5 ounces per patient in Arizona.

 

The Michigan Medical Marijuana Act: The First 24-Months

This article chronicles the implementation of the Michigan Medical Marijuana Act, passed via referendum in the 2008 general election. As expected, once applied to our human tapestry, the MMA has been subjected to some already-classic judicial interpretations, with a strong promise of more to come.

The Michigan Legislature passed the MMA on December 4, 2008, making Michigan the 13th state to allow the cultivation and possession of marijuana for medical purposes. The Act cited a series of findings related to the beneficial uses of marijuana in treating nausea, pain and other effects from a variety of debilitating medical conditions. The Act also notes that according to the FBI, 99% of all marijuana possession arrests nationwide are done pursuant to state, rather than federal law. It is important to note that possession of the drug remains illegal under federal law.

The MMA defines a “debilitating medical condition” as cancer, glaucoma, HIV, hepatitis C, and other diseases along with other chronic afflictions which cause pain and nausea. A “primary caregiver” is defined as, “a person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marijuana and who has never been convicted of a felony involving illegal drugs.” A “qualifying patient” is “a person who has been diagnosed by a physician as having a debilitating medical condition.”

The basic mechanics of the Act provide that qualifying patients and primary care providers (marijuana growers) must possess a “registry identification card”, issued by the Department of Community Health. Tens of thousands of applications have been processed; many thousands remain pending with more filed every week; the demand for certification, for marijuana, is seemingly insatiable here in Michigan.

The high demand is understandable. Cardholders are not subject to arrest or prosecution for marijuana possession/distribution provided the patient keeps less than 2.5 ounces of smokeable pot. Care providers are allowed to maintain up to 12 plants for each qualified patient; stems, seeds and unusable roots do not count toward the plant limitation.

Physicians also have immunity from prosecution relative to their certification of the patient’s need for the drug, so long as they conduct an assessment of the patient’s medical history. A legitimate physician-patient relationship is required.

Since the U.S. Supreme Court decided the case of Conant vs Walters in 2003, physicians have been able to recommend a patient’s use of marijuana (but cannot prescribe pot by placing the recommendation on a prescription form). Doctors can also make notes regarding their recommendations in the patient’s chart and can testify on behalf of a patient’s medical use of marijuana in a court of law. The Supreme Court’s Conant decision paved the way for passage of the MMA.

Primary care providers may receive compensation for their marijuana. Selling marijuana paraphernalia also is allowed under the MMA, and such paraphernalia cannot be seized.

Persons merely present during the use of marijuana for medical purposes likewise are not subject to arrest.

Sound too good to be true? When marijuana is distributed to persons other than qualifying patients, the registration card is revoked, and the provider is subject to a 2-year felony. Also, driving while under the influence of marijuana remains illegal, as does smoking in public. Use or possession of pot on school premises or on school buses remains prohibited. And yes, it remains illegal to smoke in a jail or a penitentiary, regardless of your medical condition.

The Act set a short timetable (120-days) for the Department of Community Health to promulgate regulations for the administration of the possession/distribution credential. The delay in the promulgation of these regulations gave way to confusion among law enforcement, the public and some judges as to what is legal and what is illegal.

For example, the 2009 Redden case from Madison Heights involved a couple arrested during a drug-raid. The couple had applied for certification cards prior to their arrest and received the cards a month after their arrest. In dismissing the case brought against the two defendants, 43rd District Judge Robert Turner characterized the MMA as, “the worst piece of legislation I’ve seen in my life”, according to the Detroit News. Judge Turner’s dismissal was appealed by the Oakland County Prosecutor where it was affirmed in the Oakland County Circuit Court.

Earlier this year, the Michigan Court of Appeals affirmed Oakland Circuit Court Judge Martha Anderson’s reinstatement of the criminal charges against Redden and Clark. Now, the accused Madison Heights couple will either have to plead or go to trial.

At the time of the raid on the couple’s residence, the Oakland County Sheriff seized 1.5 ounces of pot, some nominal cash, and about 21 small plants. Three weeks prior to the raid, each defendant had submitted to a medical certification exam with Dr. Eric Eisenbud (not making it up) of Colorado (and of the recently founded Hemp and Cannabis Foundation Medical Clinic) and applied for a medical marijuana card pursuant to the MMA. Their cards, however, had not been issued at the time of the raid.

At the couple’s preliminary examination before Judge Turner, the prosecutor argued that: a) the defendants were required to abstain from “medicating” with marijuana while their applications to the State of Michigan’s Department of Community Health were pending; and b) the defendants did not have a bona fide physician-patient relationship with Dr. Eisenbud.

Judge Turner indicated that the MMA was confusing relative to what constituted a reasonable amount of marijuana. The defendants in this case were found with an ounce and a half; the MMA allows 2.5 ounces.

Judge Turner made the following ruling:

For that reason, I believe that section 8 entitles the defendants to a dismissal, even though they did not possess the valid medical card, because section 8 says if they can show the fact that a doctor believed that they were likely to receive a therapeutic benefit, and this doctor testified to that. And Dr. Eisenbud is a physician licensed by the State of Michigan. And that’s the only requirement that the statute has. You don’t have to be any type of physician, you just have to be a licensed physician by the State of Michgan.

So, based on that, I find section 8 does apply. And I believe I’m obligated to dismiss this matter based on section 8 of the statute.

Under the applicable court rules, the prosecutor appealed the district court dismissal to the Oakland Circuit Court. In reversing her district court counter-part, Judge Anderson held that Judge Turner improperly acted as a finder of fact in dismissing the case. Judge Anderson also questioned whether the couple could avail themselves of the MMA’s affirmative defenses at all, due to their purported failures to comply with the provisions of the act; i.e. keeping the pot segregated and locked-up, and waiting until they received their cards from the Department of Community Health prior to growing their pot.

At the time of the Madison Heights bust, however, the couple could not have received marijuana cards because the DCH had not started issuing the cards. To date, almost 30,000 certifications have been issued.

In their September 2010 opinion affirming Judge Martha Anderson, the Court of Appeals held that the MMA’s affirmative defenses were available to defendants even though they did not have their cards at the time their pot was confiscated. The Court of Appeals held against defendants, however, on the basis that, at the time of their preliminary examination in district court, their affirmative defense under the MMA was incomplete and thus created fact questions.

The Court found the following fact issues to be unresolved at the conclusion of the exam: the bona fides of the physician-patient relationship; whether the amount of marijuana found in the residence was “reasonable” under the Act; and whether the marijuana was being used by defendants for palliative purposes, as required by the Act.

The most interesting thing about the Court of Appeals’ Redden decision is the scathing concurring opinion of Judge Peter D. O’Connell. Judge O’Connell wrote separately because he would have more narrowly tailored the affirmative defenses available in the MMA, and because he wished to “elaborate” on some of the general discussion of the Act set forth in the briefs and at oral argument.

Elaborate he did. Judge O’Connell’s 30-page opinion first notes that the possession, distribution and manufacture of marijuana remains a federal crime and further notes that Congress has expressly found the plant to have “no acceptable medical uses.”

In what will undoubtedly become a classic line from his opinion, Judge O’Connell writes, “I will attempt to cut through the haze surrounding this legislation.” The judge is skeptical that folks are really using pot to “medicate” and suspects that they are using the plant for recreational purposes.

He also takes note of the poor quality of the legislation to the extent that it conflicts with other provisions set forth in the Health Code.

Judge O’Connell next takes a tour de force through the legislative history of the MMA. Here, we learn that the act was based on model legislation proposed by lobbyists known as the Marijuana Policy Project of Washington D.C. The group advances both the medicinal and recreational uses of marijuana.

“Confusion”, and lots of it, is how Judge O’Connell views the MMA. In one of the many footnotes to his opinion, the Judge warns against all marijuana use until the score is settled, once and for all, by the Michigan Supreme Court:

Until our Supreme Court provides a final comprehensive interpretation of this act, it would be prudent for the citizens of this state to avoid all use of marijuana if they do not wish to risk violating state law. I again issue a stern warning to all: please do not attempt to interpret this act on your own. Reading this act is similar to participating in the Triwizard Tournament described in Harry Potter and the Goblet of Fire: the maze that is this statute is so complex that the final result will only be known once the Supreme Court has had an opportunity to review and remove the haze from this act.

Euan Abercrombie, 1st year student at the Hogwarts school would probably remark; “Wow”.

For their part, the criminal defense bar, commenting via listserv, have basically gone wild over the concurring opinion, with its multiple web site references and pictures of marijuana advertisements. The consensus among the defense bar, however, is that the majority opinion is correct and that Judge Anderson, at the end of the day, got it right; Redden was not the cleanest case to dismiss under the Act.

The Oakland County Sheriff and Prosecutor correctly anticipated the Court of Appeals’ September decision. A few weeks prior to the Redden decision, they conducted a series of dispensary raids, ruffling tons of feathers along the way.

Of course, an application for leave to appeal has been filed with the Michigan Supreme Court.

For additional procedural guidance, we have prepared a legal guide for the MMA for those seeking to use marijuana for legitimate palliative purposes under the Act. Take note, however, that at least one appellate jurist would have folks managing chronic “pain” with prescription meds until the medical marijuana mess is sorted out by our Supreme Court.

Redden is not the only case causing some MMA consternation. Rodney Koon’s case has received notoriety. Koon was convicted of a misdemeanor because he admitted to police that he used marijuana to “medicate” earlier in the day that he was pulled-over by the police. Koon also admitted to consuming a beer, but his blood alcohol was within legal limits. Without sufficient funds to appeal, Koon is stuck with his conviction, even though he had a pot card at the time of his arrest.

Ordinances have sprung-up across the state to truncate the scope of the MMA. Bloomfield Hills, for example, passed an ordinance in October requiring card-carrying certified medical marijuana users to register with the Bloomfield Township Police Department. The ordinance also requires the submission of a form to the police disclosing the “patient’s” drivers license number and date of birth, whether the patient owns or rents their home, and identifying how many other patients share their home.

In addition, the ordinance limits the number of medical marijuana patients that can live at one address and prohibits growing medical marijuana anywhere in Bloomfield Township. Violation of the ordinance is a 93-day misdemeanor carrying a $500 fine.

Bloomfield Hills is among several municipalities that have passed ordinances that restrict the provisions of the Medical Marijuana Act, criminalize conduct authorized by the Act, or both.

Now the ordinance is the subject of a lawsuit filed against the township by two crafty [their “clients” are John and Jane Doe] veteran criminal defense attorneys: Tom Loeb and Neil Rockind. The lawsuit, undoubtedly heading to the Michigan Supreme Court, does not seek money damages but rather, declarative and injunctive relief.

Township by township, the MMA is coming under fire for a glaring flaw: it is a ruse for recreational pot users. Yes, there are legitimate medical marijuana users out there, in spades, for whom the MMA was designed to help. There are also many “patients” whose medical records were reviewed with a passing glance by a physician more interested in the high-volume review fees than in determining whether the person has a genuine chronic medical condition of the sort required by the MMA. The LawBlogger wonders how many certified users, among the tens of thousands of backlogged applicants, are under the age of 25; or are college kids whose only chronic condition is their desire to party down.

As these legal challenges grind through the court system over the next two or three years, the MMA will be subject to death-by-ordinance on a township-by-township basis. Attorneys Rockind and Loeb remarked in their press conference announcing their lawsuit that the ordinance in Bloomfield Hills cannot stand to the extent it contradicts a valid Michigan law.

While it may not be the best example of tightly drafted legislation; while it undoubtedly suffers from problems of perception/deception, the MMA is a valid state law. The appellate courts will have no choice but to invalidate ordinances that limit the scope of the Act, or criminalize it’s legitimate purposes.

This past fall, the recent election was a set-back for progressive marijuana laws. California’s Proposition 19 lost by a vote of 56% to 44%. If successful, the proposed law would have been the first in the country to legalize the recreational use of marijuana.

In Arizona, the medical marijuana proposition lost.

In California, the pot initiative lost because too few voters under age 26 turned out and moderate voters rejected the initiative. Recent violence with Mexican drug gangs in both California and Arizona did not help either initiative.

Mixed messages float around the issue here in Michigan. Recently, a huge pot-expo scheduled for the Pontiac Silverdome, billed as the largest pot-party in the world, was canceled at the last minute.

All this raises the questions: do we really need to legalize pot? Is ours a pot-smoking nation? Does marijuana have genuine palliative properties?

One of the major problems of perception with medical marijuana laws is that folks are simply going through the administrative steps to get “medically” certified to use pot, but are smoking on a recreational basis.

No good comes of a law that sets requirements that are perceived as a farce. It would perhaps be better to legalize marijuana outright, then regulate its production, sale, and distribution.

California was really looking forward to billions in pot-derived state revenue. Here in Michigan, there is confusion about who can legally grow pot and how it should be grown and distributed to “patients”. In Arizona, the question is too close to call 3-days after the mid-term elections.

So then, what are they smoking? That’s what Detroit-based Cannabis Counsel lawyer Matthew Abel is asking of the Michigan Senate Judiciary Committee, who met earlier this year, in January, in order to discuss a package of bills which would amend the public health code so that medical marijuana must be dispensed by pharmacists, and to classify medical marijuana as a schedule 2 controlled substance.

“It seems that if the legislature ever passed these bills, they would be in conflict with the medical marijuana statute,” Abel said. “So they’d need a 3/4 vote to supersede the law, and you know that they can’t even get 3/4 of the legislature to agree on lunch, let alone this.”

Southfield-based lawyer Michael Komorn, who also serves as the treasurer for the Michigan Medical Marijuana Association, said the bills are similar to bills introduced last year; last year, the bills which also would have allowed for 10 marijuana growing facilities to be affiliated with a pharmacy, got no traction.

This year’s incarnation of the bills would essentially make all production of medical marijuana illegal, though use would still be protected by law, Komorn said.

“It’s like the stamp act, arcane and without any understanding of what really is going on with patient needs,” Komorn said. “Bottom line, this is an attempt to repeal the Michigan medical marijuana act.”

It’s impossible, Abel said, to require dispensing of medical marijuana through pharmacies.

“They don’t have a supply, and no way to get it. There’s just no way for them to do it,” Abel said.

Still, he’s resting easy with the idea that the bills are going nowhere, and are really more about grandstanding for political popularity than they are about the Michigan medical marijuana law.

Now that the MMA has been around long enough to generate some interesting cases and controversies, we must wait until one of them percolates through the Michigan Supreme Court in order to get a true sense of this legislation. Our blog takes the position that the MMA is flawed and thus, exposed to failure, so long as it can be used to mask recreational pot use. Perhaps the most common sense thing to do at this point is what Peter Tosh called for world-wide: just legalize it.

 

Medical Malpractice Cases – How to Deter Against Ever Increasing Medical Errors!

The truth is this: Most of us inherently trust doctors and physicians to keep our best interest in mind and to have the ability to safely help us. This trust may not always be founded, but it’s a deeply rooted part of our culture, and even if we get butterflies before a major operation, our logic still tells us that we’re going to come out fine on the other side.

When that isn’t the case, medical malpractice can really damage our psyche and give us a deep fear of medical attention of any kind. In many cases, that is just the beginning of what happens to our psyche.

Every year medical malpractice cases in America’s most advanced cities like New York, Chicago and California, causing at least 27,000 injuries and 7,000 deaths. Eight times as many patients are injured as ever file a claim, and 16 times as many suffer injuries as ever receive any compensation. At the highest level, the estimated number of medical injuries nationally is more than one million per year; approximately 85,000 malpractice suits are filed annually.

To deter against the malpractice cases and these frightening facts and figures from the most developed country of the world, we need to know about what medical malpractice is all about.

What Is Medical Malpractice

Medical malpractice cases occur when a healthcare provider fails to exercise that degree of care and skill required by a patient. If these standards are not followed, malpractice may have occurred. It can be generally defined as substandard treatment by a physician or other healthcare professional that directly results in physical or economic damages to the patient. “Substandard” care refers to care that violates normal medical practices.

Five Most Common and Most Frightening Effects of Medical Malpractice Cases

There are many different outcomes in medical malpractice cases, but here are some common after-effects of medical negligence.

1. Pain and Suffering

The foremost and obvious effect of having something go wrong in a simplest of medical treatment to the major operation is the pain and suffering of the injured.

2. Disability or Deformity

In many severe medical malpractice cases, a patient may end up disabled or deformed as a result of medical negligence, causing a disadvantage for the rest of their life, affecting their ability to work and do pretty much anything else.

3. Emotional Stress and Mental Fatigue

One of the deepest extents of any medical malpractice case brings to a person in a situation of emotional stress caused by the negligence of a doctor or a medical practitioner. Even a temporary situation can result in shock and complete re-evaluation of what we can expect from the society around us.

4. Financial Miseries

Medical malpractice negligence happening can become a very expensive issue for the patient. Because it might not only increase the time of recovery from the scratch but also skyrocket the cost of medical attention and most importantly the financial loss due to unemployment.

5. Death

Almost 98,000 people die in hospitals annually each year due to medical malpractice cases. Whether from the wrong medication or something more sinister, these things do happen.

 

Medical inflation is the most important reason that has triggered the medical malpractice cases all around the world from the most developed countries to the countries of the third world. The first reason which halts me up is that the expenses are the biggest and the most predictable part of damages in the high severity cases that drive malpractice payments in individual cases to increase at a rate that is closer to the rate of medical inflation than to rate of inflation in the other areas.

Second reason which daunts out expressively is that the health-care sector economy is growing more rapidly than the economy as a whole. Malpractice payments can be expected to grow at about the same rate as the size of health-care sector of the economy and as fast as medical prices. This is in-fact what the research has proved in recent years.

Concluding Comments

• In principle, a negligence rule of liability against medical malpractice cases can correct these distortions and create incentives for efficient care and risk-taking, under certain conditions. These conditions include that courts set the standard of due care at the efficient level, that damages be optimally set, that providers be liable for failure to obtain informed consent, and that suits be brought and compensation awarded if and only if negligence occurs.

• Efficient deterrence incentives can, in theory, also be achieved by a rule of strict liability, whereby providers are liable for all injuries caused by medical care, regardless of negligence.

• Adjusting for medical inflation helps prevent us from mistaking in medical procedures and also a major decrease in medical negligence cases can be expected.

• The second thing which can be done to cut the maximizing rate of medical malpractice cases is that to increase the liability, like if a doctor or medical practitioner malpractices, he or she should be arrested and punished to the maximum prison sentence. And if the felony has reached up to death of a patient then the medical practitioner must be treated as the criminal murderer’s are treated in the judgment court because the human life is more precious than anything.

• Committing to implement these standards we can deter those medical practitioner or doctors who are ever been involved in such activities but can also retaliate aggressively against the increasing amount of medical negligence and medical malpractice cases.

 

Medical Assistant Job Description – What To Look For and How To Get Hired for Medical Assistant Jobs

A medical assistant job description will vary depending on the size, location and specialty of the health care organization or practice. It is common for assistant medical jobs in small practices to do many different tasks but in large practices they may specialize in just a few tasks. Generally speaking, a medical assistant job description will include both administrative and/or clinical tasks.

Assistant medical jobs are in very high demand right now. The United States Bureau of Labor Statistics (BLS) has reported that assistant medical jobs are projected to grow by an astonishing 34 percent from 2008 to 2018. In fact, due to the expanding health care industry, it is one of the fastest-growing occupations in the U.S. today.

Medical Assistant Job Description: What Does a ‘MA’ Do?

A medical administrator or assistant helps make a practice run smoothly by performing several important administrative tasks such as:

* scheduling appointments
* updating and filing patient medical records
* handling billing and bookkeeping
* filling out insurance forms
* scheduling patient hospital admissions
* answering the telephone

In addition, assistant medical employment description may include some or all of the following clinical tasks:

* collecting and processing laboratory specimens
* sterilize and prepare equipment
* taking vital signs
* preparing patients for physical examinations or x-ray procedures
* educating and instructing patients about medications and diets
* administering medications
* authorizing drug refills
* drawing blood
* changing dressings and other first aid procedures

Apart from having the knowledge and skills needed to perform the tasks listed above, every medical assistant job description will also include good interpersonal and communication skills. Ideally, MAs should also be friendly and approachable.

One of the medical administrator’s or assistant’s responsibilities is to put the patient at ease and to answer any questions he or she may have about medications or tests. Doctors tend to be very busy people and sometimes patients don’t want to waste their physician’s time by asking too many questions. Part of the assistant medical employment description includes helping patients understand medical terminology. If the patient is confused by the doctor’s instructions, the medical administrator or assistants job is to help him or her know what to do.

Medical Assistant Job Description: Education and Certification Requirements

Not all MAs have formal training in the medical field. Some have only high school diplomas and were trained on the job. Others have completed one or two-year programs in medical administrating or assisting. Vocational and technical schools, community colleges, junior colleges and online educational institutions commonly offer medical administrating or assisting programs.

Graduates of these formal training programs may apply for certification or registration with a professional organization for medical administrators and assistants. There are several organizations that give certification credentials for MAs such as the American Association of Medical Assistants (AAMA) and the Association of Medical Technologists (AMT). Certification or registration of credentials is not required but many employers do prefer applicants who are certified.

Depending on the specific assistant medical job description, other specialized training may be required. This will vary according to the practitioner’s specialty. For example, an ophthalmic assistant medical job description may require the job candidate to know how to test eye muscle function.

Assistant Medical Employment Description: People Skills

As the medical assistant job description above shows, medical assistants are skilled in many different tasks and specialties. Not only do they have to know how to manage a medical office, they also have to be able to do basic clinical tasks. Nowadays, a medical assistant job description is likely to emphasize good people skills because that is what patients and doctors look for in an assistant.