Credibility – Attorney Dennis Roberts’ Testimonial

 In Expert Witness Services

In the next few blog postings, I’ll be pointing out why credibility is important in a medical-legal consultation.

Oakland attorney Dennis Roberts sent me this letter 4 years ago, when he was defending a patient of mine. Dennis said it was ok to post. (Patient’s name omitted of course.)

Dennis Roberts, Attorney
370 Grand Ave, Oakland, Ca, 94610

March 5, 2004

Frank Lucido MD

Dear Frank: Re: xxxxx xxxxx

You’re going to love this. Although med mj is allowed in a probation situation, Judge Taber takes the position that it is completely discretionary in a diversion case (she’s wrong, but who needs the extra work). Anyhow, she says she’s never granted a med mj diversion because “these doctors are crooks” -citing someone in Santa Barbara and another in Oregon. I told her that you are a pre-eminent physician and directed her to your resume. I told her I knew you personally (she has known me for about 35 years) and that I knew several of your regular (non-mj) patients. When I was finished she issued a minute order which reads:

“The Court notes a LEGITIMATE doctor’s note for the use of medical marijuana.”

So, congratulations. You are the only legitimate doc in the area at least as far as Jackie Taber, Judge, is concerned.


Dennis Roberts

Frank’s Commentary

Now obviously I am not the only one. (In fact, I know that the doc in Santa Barbara is one the good ones. Bless you, David!)

And the majority of the cannabis physicians that I know have good standards. Unfortunately, many patients get “steered” to the “advertisers”.

Sorry, I can’t afford that.

But I will use the “bully pulpit” to suggest people avoid the low standards physicians, especially patients with good medical records. Ask around the responsible cannabis community about credibility, and who they would recommend.

Friends don’t let friends drive drunk, or see the “fig leaf” clinics, especially patients or caregivers growing medicine.

The boilerplate I send to patients inquiring about cannabis physicians is posted below.

Boilerplate to patients inquiring about cannabis physicians

The most complete listing of cannabis recommending physicians that I am aware of is California NORML’s excellent website.
Unfortunately, this lists ALL the doctors who wish to be listed, even what I call the “low standard” clinics, most of which I would recommend avoiding if you have a documented serious illness, and/or care about your medical-legal health.

If after checking for who may be near you, feel free to email me back regarding my opinion on whether that particular doctor or clinic has good standards.

My responses could include:
“I like their practice,”
“I don’t know their practice,” or
“No comment”.

I believe that my practice standards are the best and most protective

and have been acknowledged by the Medical Board.
I would avoid any that do not require documentation of diagnosis, or that schedule less that 30 minutes face time with you.

My website: is intended to help legitimate patients know what qualities may be important in choosing a credible Medical Cannabis Consultant.

I have posted the overall results of a survey I did of 24 responders out of approximately 30 questionnaires I sent out to the medical cannabis recommending physicians I am aware of.

If, after checking out, you have any questions about the website, or physician practice standards and ethics, feel free to ask.

General info about my practice

We schedule: 45 minutes for initial consultations, 30 minutes for yearly reviews.

This law is quite specific in applying to “seriously ill Californians”.
I will need some documentation of your diagnosis.
I will also require that you have ongoing care with your physician for your condition.
You will also have to have a valid California ID or driver’s license, and you must be 21 years of age.
(Any exceptions to these requirements above must be discussed with the doctor before making appointment.)

Call 510-848-0958 for an appointment, and tell my staff it’s for a medical cannabis evaluation.

PS: NOTE: we don’t accept insurance for medical cannabis evaluations.
Also NOTE: A medical cannabis evaluation does not constitute primary care.
It is assumed that you already have a primary care practitioner. If not, I am advising you to obtain one.

PPS: No one may give or obtain a “prescription” for marijuana/cannabis.
Under California’s Compassionate Use Act, it may be appropriate for a physician to “recommend” or “approve” cannabis use by a patient. This involves giving a medical opinion as to whether cannabis might be helpful in a specific case. We cannot “prescribe” cannabis in the sense of directing you to use it, nor will we help you to obtain cannabis or direct you to sources of cannabis.

peace and health,
Frank Lucido M.D.

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