Doctors' Legal Risks With Medical Marijuana
In 1996, California became the first state to allow the medical use of marijuana. Since then, 22 other states and the District of Columbia have enacted similar laws. Hundreds of thousands of patients nationwide now regularly use medical marijuana, and you can be sure that more and more will ask about it.
Are there legal risks to physicians? After contacting national and regional malpractice insurance carriers, along with several state medical societies, we couldn't find a single instance of a physician being sued for malpractice over the negligent recommendation for medical marijuana.
However, although most experts say the legal risk to physicians is small and that state enforcement is often lax, a handful of doctors around the country have lost their medical licenses, and dozens more have been reprimanded by state medical boards for writing certifications for medical marijuana use in an improper or unsafe manner.
In two egregious examples,...
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