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Because federal
law specifically prohibits anyone from “aiding and abetting in the
obtaining of cannabis”, we can not discuss the locations of dispensaries
or how to obtain cannabis. Likewise, my staff can not discuss this
subject with you. We apologize for these limitations but I am sure
that you can understand our position.
Because accurate
information is vital to health and patients should always have access to
accurate information, I make available a list of resources other than
dispensaries through which they can learn more. These include (see or
the links under “Links” on this website):
California
NORML's website:
www.canorml.org
Or:
Americans for
Safe Access (510-486-8083)
We also cannot
sign any caregiver forms. The decision to have a caregiver is
between the patient and the caregiver it is not a medical decision. We
also cannot sign any forms from dispensaries, and cannot sign caregiver
forms. The designation of a caregiver is not a medical decision, but is
determined by agreement between the patient and the caregiver, in
accordance with California law.
THE LAW AS IT APPLIES TO DOCTORS
In 1997, Conant
v. McCaffrey, a class-action lawsuit, was filed on behalf of physicians
and seriously ill patients against Barry McCaffrey and other top federal
officials who threatened to revoke prescription licenses or criminally
prosecute physicians who recommend medical marijuana. In 2002, a
three-judge panel of the Ninth Circuit Court of Appeals unanimously
decided to uphold the right of doctors to recommend marijuana to their
patients and of patients to receive that recommendation. Their decision
is largely based on First Amendment rights of the doctor to discuss with
patient all of the medical options available and to note their opinion
in the medical record.
Currently the
medical board has strict guidelines for conditions which need to be met
for the doctors to issue the medical marijuana recommendations.
These guidelines are also reviewed under the CMA guidelines (document
1315) with comments issued by their legal counsel.
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