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Current through October 23, 2012
(a) A physician may recommend the use of medical marijuana to a qualifying patient if the physician:
(1) Is in a bona fide physician-patient relationship with the qualifying patient; and
(2) Makes the recommendation based upon the physician's assessment of the qualifying patient's medical history, current medical condition, and a review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical condition or the side effects of a qualifying medical treatment.
(b)(1) A physician's recommendation that a qualifying patient may use medical marijuana shall be signed by the physician and include:
(A) The physician's medical license number; and
(B) A statement that the use of medical marijuana is necessary for the treatment of a qualifying medical condition or the side effects of a qualifying medical treatment.
(2) A physician's recommendation shall be valid only if it is written on a form prescribed by the Mayor.
(c) Except as provided in § 7-1671.07, a physician shall not be subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of any right or privilege, for advising a qualifying patient about the use of medical marijuana or recommending the use of medical marijuana to a qualifying patient pursuant to this chapter and the rules issued pursuant to § 7-1671.13.
(d) A physician recommending the use of medical marijuana by a qualifying patient shall not have a professional office located at a dispensary or cultivation center or receive financial compensation from a dispensary or cultivation center, or a director, officer, member, incorporator, agent, or employee of a dispensary or cultivation center.
(Feb. 25, 2010, D.C. Law 13-315, § 5, as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 18-210, see notes following § 7-1671.01.
