Cadillac Doctor Charged For Recommending Medical Marijuana

<p><em>By <a href="mailto:allenre@interlochen.org">Bob Allen</a></em></p> <p>A doctor in Cadillac is charged with unlawfully prescribing medical marijuana. Edward Harwell faces five felony counts. They include not establishing a "bona fide physician-patient relationship" and placing false information in a medical chart.</p> <p>Wexford County prosecutor Tony Badovinac says the case is significant for prosecutors and doctors across the state.</p> <p>"I think the medical profession needs to take a good long look at some of the activities of their members."<strong> </strong></p> <p>Undercover officers from the Traverse Area Narcotics team posed as patients in Dr. Harwell's clinic and made the arrest. They allegedly spent five to eight minutes with Harwell on two occasions before he issued medical marijuana certifications.</p> <p>Last year, the Michigan Attorney General's office investigated Harwell on allegations of falsely certifying medical marijuana patients. Those charges are pending before a state licensing review board, according to Michael Komorn, an attorney and president of the Michigan Medical Marijuana Association. Komorn thinks that's the proper way to handle these cases rather than in criminal court.  </p> <p>The term "bona fide physician-patient relationship" has been the source of some debate since the Marijuana Act was put into law by voters. In December, the legislature <a href="http://legislature.mi.gov/documents/2011-2012/publicact/htm/2012-PA-0512.htm">added language</a> to the act to further define the term. The new definition goes into effect in April.</p> <p>Officials wouldn't confirm whether the Attorney General's office was involved in the Wexford County investigation.</p> <p>Dr. Harwell is 77 years old and has practiced medicine in the state for the last 50 years. His attorney told the court Harwell has no prior arrest record. Neither Harwell nor his attorney could be reached for comment. </p>