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| Legal Tip of the Month Discussions of the ASA Legal Tip of the Month |
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05-02-2007, 04:46 PM
| #1 (permalink) |
| WT Regular  Join Date: Apr 2006 Location: Oakland, CA Co-Op: Non Vendor: no Patient: yes
Posts: 1,044
Rep Power: 370     | ASA Legal Tip of the Month (May 2007) ASA Legal Tip of the Month: Inform Your Physicians of their Rights Many physicians avoid writing medical marijuana recommendations for fear of legal consequences. It is important for patients to educate and inform their physicians of their rights. Based on a federal Ninth Circuit Court of Appeals ruling in 2002, physicians can recommend medical marijuana to their patients without fear of reprisal from the government. The court’s decision in Conant v. Walters recognized the First Amendment rights of physicians to recommend, but not prescribe, marijuana for medical use. Physicians are also not allowed to instruct patients on how to obtain medical marijuana, as that would constitute “aiding and abetting.” Because of Conant, physicians are constitutionally protected even if a recommendation is issued in a state without a medical marijuana law. These protections, however, may not extend to patients if they live in such states. In California, the State Legislature passed SB 420 and defined a “physician” to be “an individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California or the Osteopathic Medical Board of California.” This means that patients cannot obtain qualified recommendations from psychologists, chiropractors, acupuncturists, herbalists, and other alternative or non-allopathic practitioners. However, you should know that psychiatrists are licensed to practice medicine and therefore qualify to recommend medical marijuana. To determine if your physician is in “good standing,” contact the Medical Board at www.mbc.ca.gov or 916-263-2382. ______________________________________ Help us spread this legal tip around your community! Please download a PDF, print out copies, and distribute at local dispensaries or anywhere else patients congregate. Download the Southern California legal tip & May calendar. Download the Northern California legal tip & May calendar. |
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05-02-2007, 05:33 PM
| #2 (permalink) |
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Posts: n/a
| Re: ASA Legal Tip of the Month (May 2007) Very nice, thanks for the information. |
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05-04-2007, 01:24 PM
| #3 (permalink) |
| Hi, Im New! Join Date: Jan 2007 Co-Op: no Vendor: no Patient: YES
Posts: 13
Rep Power: 0 | Re: ASA Legal Tip of the Month (May 2007) The ASA section and frequent ASA participation is one of the great things about this site. THANKS |
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01-13-2008, 04:02 PM
| #4 (permalink) |
| Hi, Im New!  Join Date: Jan 2008 Location: High Desert Co-Op: no Vendor: no Patient: yes
Posts: 12
Rep Power: 0 | Re: ASA Legal Tip of the Month (May 2007)  The ASA is wonderful. They also return your calls and have always found the answer to any of my questions....  Last edited by Desert Toker; 01-18-2008 at 01:12 PM.. |
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01-13-2008, 04:09 PM
| #5 (permalink) |
| Hi, Im New!  Join Date: Apr 2007 Location: High Desert Co-Op: YES Vendor: yes Patient: YES
Posts: 11
Rep Power: 0 |  Re: ASA Legal Tip of the Month (May 2007) Thanks for the tip! It is always important to be honest with your Dr., and if you do not feel you can be, find a new Dr.. |
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