“Prescribing” Versus “Recommending” Medical Cannabis
The regulation of cannabis for use by certain qualified individuals presents many unique challenges for state governments, particularly in an environment in which federal law considers cannabis illegal — except in the case of rare and typically short-term clinical trials. When it comes to participation of physicians and other members of the medical community, state medical marijuana laws must be carefully crafted to avoid placing them at risk of federal penalties. This is due to the way federal laws regulate controlled substances and the doctors who prescribe them for use as medicine. A “prescription” for the medical use of cannabis is illegal and carries significant penalties for doctors. By contrast, a “recommendation” or “certification” that a patient has a certain condition and could benefit from medical cannabis is permissible as long as it avoids mirroring a prescription by doing things like specifying dosage. For that reason, certifications or recommendations form...
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