Ever since California legalized medical cannabis back in 1996, 29 states have joined the fray. More than half of the country has safe and easy access to it, provided they are qualified patients. A further 18 states permit the use of low-THC marijuana preparations for certain patients. Despite this, most state medical weed laws passed since the 1980s are nothing more than legal mumbo jumbo.
This is because most of these laws did not factor complications of federal law into its considerations. As we know, medical marijuana is illegal under federal policy. Prescribing illegal drugs is against the law, and your doctor will face significant penalties if caught writing a marijuana prescription. Furthermore, specifying dosages borders on aiding and abetting, and all this is too risky for most doctors.
By contrast, the law permits doctors to “recommend” cannabis for patients with qualifying conditions that would benefit from it, and this is the gist of how every medical marijuana program works in California and, in fact, the entire United States. This is why most physicians do not participate in any of this risky business. Poorly crafted state laws can have unintended federal consequences.
Even if the federal government decides to leave doctors alone, state law does not protect them. It actually requires doctors to commit federal crimes without providing them the safety to do so. This is exactly why the vast majority of doctors are unwilling to risk their freedom and livelihoods to recommend cannabis. Such a situation renders state law merely symbolic.
Marijuana Prescription Illegal in California
Under the Controlled Substances Act of 1970, the Drug Enforcement Administration has authority to issue qualifying physicians with registration numbers, which allow him or her to dispense various controlled substances, including Schedules II to V. Schedule I, however, is the “most dangerous,” and no doctor has permission to prescribe any in this category. Marijuana is a Schedule I.
Any doctor caught engaging in public interest-harming conduct, such as violating the CSA by prescribing cannabis, may lose his or her DEA license and no longer be able to prescribe any controlled substances. As if that is not enough, it is also a crime for doctors to aid or abet “the purchase, cultivation, or possession of cannabis, or to engage in a conspiracy to cultivate, distribute, or possess cannabis.”
A marijuana prescription is ordering pharmacists to prepare and distribute an illegal substance, and it is an order for patients to use controlled drugs. Issuing such a command is a federal offense, and doctors can face charges for conspiracy to violate federal law, or aiding or abetting a crime. As such, any state that requires a “marijuana prescription” is exposing doctors to criminal liability and revoked licenses.
Marijuana Recommendations Legal in California
In direct opposite to prescription laws, federal courts find the “recommendation” of cannabis use for medical reasons permissible, and in fact, protected, even if it does reasonably suggest it would be used as a means to get weed. A federal court ruled on the difference between marijuana recommendations and prescriptions already.
It found that, although a cannabis prescription is unlawful, recommendations are distinguishable and therefore allowed. The matter last went through the Ninth Circuit Court of Appeals, and the U.S. Supreme Court would not even listen to an appeal of it. According to the ruling, “An integral component of the practice of medicine is the communication between a doctor and a patient.”
Patients must be able to get open and honest information from their physicians, and preventing such communication grossly infringes on the doctor’s First Amendment right to free speech. Unlike prescriptions, marijuana recommendations in California do not violate federal law. It is simply a conversation discussing the pros and cons of using marijuana, benefits vs. risks, and an option for the patient to consider.
Physicians are not issuing commands when recommending cannabis. There are no dosage instructions or ordering others to distribute illegal substances. This trite distinction is the difference between a fake marijuana prescription and a legitimate recommendation. With just a doctor’s letter, the state allows patients access to marijuana, while providing a regulatory framework for production and distribution.
Safest Conduct for Physicians
Although the Ninth Circuit found cannabis recommendable by doctors, there must be no specific intention of its use to obtain weed. In the light of the court’s decision, the California Medical Association issued a list of guidelines and advised against making intention known, such as providing administration advice or dosage specifications. Despite the risk of prosecution, doctors can lose their practicing license.
When looking for a marijuana recommendation in California, your doctor may lawfully discuss the following:
- Available treatment options, including marijuana itself or derivatives thereof.
- The advantages and disadvantages of medical cannabis treatment.
- The effects of marijuana on offsetting symptoms.
- Sign an agreement affirming that affect.
Online Marijuana Recommendations in California
Anyone offering a marijuana prescription is conning you of your money. You can get authentic marijuana recommendations in California easier than anywhere in the world. “Weed doctors” specialize in writing recommendations, and they offer their services online. After a quick video consultation, you will receive your doctor’s letter via email. It will be valid for immediate use.
