Alternative Health Systems

Main Background Documents Context

Medical Board of California v Tod H. Mikuriya, M.D.

"Admittedly, I asked for it the first time. And now am again under scrutiny for the use of cannabinoids in my practice of medicine. The first time it started with a phone call from a probation officer from Nevada County who told me to stop prescribing Marinol to one of his “clients” a patient of mine because it interfered with the drug testing. At the time the testing couldn’t differentiate between the synthetic delta 9 THC and cannabis. (Mahmoud el Sohly now claims he has a protocol that will make the distinction by testing for THCV which has yet to be confirmed. He has offered to make the testing available for $17,000.)

I verbally rebuffed the request and told the P.O. that when he had a license to practice medicine he could countermand and prescribe alternatives. The confirmatory letter to him and cc to the judge in the case resulted in a complaint to the Medical Board.

The Medical Board investigator Karin Fetherston paid an unannounced visit. Flashing her badge she demanded to look at all my triplicate blanks and patient files. This was not possible since I kept the files at home and only brought those with whom I had appointments into the office with me. A second visit was scheduled to discuss selected cases but this time my attorney, Susan Lea, was present to prevent “fishing expeditions” as was (and is) Ms. Fetherson’s wont.

The resultant threatening letter said the file would be kept open for five but nothing would be done unless there were other complaints.

Now, it would seem the same etiology of blurred boundaries within the criminal justice system. Somehow non medically trained CJ individuals are conferred with the power to practice medicine without MD.

Unfortunately, there is no counterpart to the Medical Board for the criminal justice system so there is no opportunity for riposte and action for this institutional malice.

The investigative administrative procedure is wilfully opaque and bereft of what one would usually think of as due process. A communication some 15 days after the interview did we find out that we wouldn’t find out since the interview was initiated by an internal source.

In this instance, there were 2 cases to be reviewed initially. One patient declined to sign a release of information form because of an ongoing involvement within the Napa county criminal justice system over a marijuana cultivation case. In my large practice that encompasses Northern California, a tiny percentage is from Napa. The only thing in common between the two cases (besides the use of cannabis medicinally with my physician’s statement of recommendation and approval) was involvement with the Napa county criminal justice system.

The bogus certificate or physician statement mentioned in the transcript is attached.

Of interest is the lack of email or internet capabilities within the CMB investigative unit with the plea--in an off hand remark--that the powers-that-be change their allocation of resources. "

Tod H. Mikuriya, M.D.
November 14, 1999

Documentation related to original investigation (large pdf)

The current investigation originally focused on 47 patients, all of which were referred by law enforcement or district attornies.

Complaints to Medical Board: