Recommending Medical Cannabis - Medicine - Business & Professions - CA

Section § 2525

This law makes it illegal for doctors who recommend medical cannabis to patients to receive, request, or offer any form of payment or benefit from a cannabis business if they or their immediate family have a financial interest in that business. "Financial interest" is defined elsewhere in law. Breaking this law can lead to criminal charges with jail time and fines, as well as being considered unprofessional conduct.

(a) It is unlawful for a physician and surgeon who recommends cannabis to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility issued a state license pursuant to Division 10 (commencing with Section 26000), if the physician and surgeon or his or her immediate family have a financial interest in that facility.

(b) For the purposes of this section, “financial interest” shall have the same meaning as in Section 650.01.

(c) A violation of this section shall be a misdemeanor punishable by up to one year in county jail and a fine of up to five thousand dollars ($5,000) or by civil penalties of up to five thousand dollars ($5,000) and shall constitute unprofessional conduct.

physician and surgeon recommend cannabis medical purpose

Section § 2525.1

The Medical Board of California is required to work with the Center for Medicinal Cannabis Research to create and adopt guidelines on how medical cannabis should be used and administered properly.

The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.

Medical Board of California Center for Medicinal Cannabis Research medical cannabis

Section § 2525.2

If you're a licensed doctor in California, you can't suggest medical cannabis to a patient unless you are that patient's regular doctor who provides ongoing care, as defined by a specific health code.

An individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California, the California Board of Podiatric Medicine, or the Osteopathic Medical Board of California shall not recommend medical cannabis to a patient, unless that person is the patient’s attending physician, as defined by subdivision (a) of Section 11362.7 of the Health and Safety Code.

medical cannabis recommendation attending physician ongoing care

Section § 2525.3

Doctors must examine patients and have a valid medical reason before suggesting medical cannabis; failing to do so is considered unprofessional behavior.

Recommending medical cannabis to a patient for a medical purpose without an appropriate prior examination and a medical indication constitutes unprofessional conduct.

medical cannabis recommendation appropriate examination medical indication

Section § 2525.4

This law states that it's considered unprofessional for a physician who recommends medical cannabis to work for or have any business arrangement with someone who distributes medical cannabis.

It is unprofessional conduct for any attending physician recommending medical cannabis to be employed by, or enter into any other agreement with, any person or entity dispensing medical cannabis.

unprofessional conduct attending physician medical cannabis recommendation

Section § 2525.5

California law requires that any ads promoting physician recommendations for medical cannabis must include a specific notice about the Compassionate Use Act, letting consumers know that the act allows seriously ill patients to use cannabis if recommended by a qualified physician. The notice must warn that cannabis remains illegal under federal law. Additionally, these ads must be clear and honest, avoiding any misleading information, especially regarding prices or offers.

(a) A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following notice to consumers:

NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain and use cannabis for medical purposes where medical use is deemed appropriate and has been recommended by a physician who has determined that the person’s health would benefit from the use of medical cannabis. Recommendations must come from an attending physician as defined in Section 11362.7 of the Health and Safety Code. Cannabis is a Schedule I drug according to the federal Controlled Substances Act. Activity related to cannabis use is subject to federal prosecution, regardless of the protections provided by state law.

(b) Advertising for attending physician recommendations for medical cannabis shall meet all of the requirements in Section 651. Price advertising shall not be fraudulent, deceitful, or misleading, including statements or advertisements of bait, discounts, premiums, gifts, or statements of a similar nature.

advertising requirements medical cannabis recommendations Compassionate Use Act