The law regarding medical marijuana is constantly evolving. To get the latest law relating to medical marijuana in California, please contact our office.
Excepts from California Attorney General’s Guidelines for Medical Marijuana published August 2008.
Medical Board of California.
The Medical Board of California licenses, investigates, and disciplines California physicians. (Bus. & Prof. Code, § 2000, et seq.) Although state law prohibits punishing a physician simply for recommending marijuana for treatment of a serious medical condition (§ 11362.5(c)), the Medical Board can and does take disciplinary action against physicians who fail to comply with accepted medical standards when recommending marijuana. In a May 13, 2004 press release, the Medical Board clarified that these accepted standards are the same ones that a reasonable and prudent physician would follow when recommending or approving any medication. They include the following:
- Taking a history and conducting a good faith examination of the patient;
- Developing a treatment plan with objectives;
- Providing informed consent, including discussion of side effects;
- Periodically reviewing the treatment’s efficacy;
- Consultations, as necessary; and
- Keeping proper records supporting the decision to recommend the use of medical marijuana.