Can a physician legally recommend marijuana in California?

Physicians are legally allowed to recommend, but not issue, medicinal marijuana to qualified patients, as specified under prop.215 and SB 420. As stated by Chief Judge Walters in Conant vs. Walters, in Opinion, section II second paragraph, a physician may not aid and abet in " . . .the purchase, cultivation, or possession of marijuana . . ."

According to prop 215 Compassionate Use Act of 1996 Health and Safety Code Section 11362.5, Physicians may legally recommend to qualifying patients, medicinal ". . . marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. . ."

Physicians may legally recommend medicinal marijuana for qualifying patients, but they may not issue it.

Q: Is a physician's recommendation legal throughout California?

A: Yes. It is legal under prop. 215 and SB420. However different cities and counties have their own guidelines regarding dispensaries and the maximum amount of medicinal marijuana patients may possess and cultivate. Medicinal marijuana is not legal under federal law.

Q: Is a California physician's recommendation legal in other states?

A: No. However, certain other states have their own medicinal marijuana laws.