- Am I permitted to prescribe Marijuana for my patient?
Short answer: NO
Details:
The Federal Courts have permanently enjoined the Federal Government from punishing physicians for discussing the risks and benefits of medical use of marijuana:
Because we read the permanent injunction as enjoining essentially the same conduct as the preliminary injunction, we interpret this portion of the permanent injunction to mean only that the government may not initiate an investigation of a physician solely on the basis of a recommendation of marijuana within a bona fide doctor-patient relationship, unless the government in good faith believes that it has substantial evidence of criminal conduct. Because a doctor's recommendation does not itself constitute illegal conduct, the portion of the injunction barring investigations solely on that basis does not interfere with the federal government's ability to enforce its laws. (Details: Conant v. Walters)
Read carefully-this decision does not permit a physician to prescribe, or even recommend medical use of marijuana. It only protects a physician’s right to advise that the benefits of medical use of marijuana likely outway the risks attendant to such use.
In the State of Washington, RCW 69.51 excepts physicians from liability for authorizing medical marijuana use to qualified patients. (Details: 69.51)
- What form can I use to satisfy Federal & State law, while providing such authorization?
Answer: The Washington State Medical Association provides a form (valid documentation) which includes both the authorization, and necessary explanation of risks.
