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When Do Physicians Recommend Medical Marijuana?

Jul 21 2015, by Jessica McElfresh in Federal Marijuana Issues, Legal Blog, Marijuana Charges, Medical Marijuana

If you are suffering from a terrible disease like cancer or debilitating seizures, you probably have considered approaching your doctor about medical marijuana. Unfortunately, many people still feel nervous bringing it up with their doctors or are unsure when they can get a recommendation for medical marijuana.

If you are suffering from any condition that California allows for therapeutic treatment by medical marijuana, you should not hesitate to consult your doctor about whether or not it may be a good option for you at your next visit. Doctors that specialize in cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief usually have experience in this area, and their rights to discuss medical marijuana with you as a patient is protected by law under Conant v. Walters.

The U.S. Court of Appeals recognized that physicians have a constitutionally protected right to discuss marijuana as a treatment option with their patients and make oral or written recommendation for marijuana, which protects you as a patient too. After a thorough consultation, they will either recommend its use or not.

In California, access to medical marijuana for those patients who need it is considered a right. That means that with a doctor’s recommendation, you or your caregiver will be able to treat your condition with cannabis. If your doctor does not wish to discuss your options with you, there are similarly many other doctors in the state who are willing to consult on medical marijuana recommendations as well.

Getting a Medical Cannibis Card

Receiving a medical cannabis card requires multiple steps. In California, you must find a licensed medical marijuana doctor who can provide a recommendation. If your doctor thinks that medical marijuana can help your medical condition, you may be getting a medical cannabis card to help you through your illness or ailment.

If you have been given a recommendation for medical marijuana use, California law states that you should not face any criminal charges for following doctor guidelines. While you may be wrongfully arrested for possessing or cultivating marijuana, patients who have been arrested can request a dismissal of all charges at a pre-trial hearing.

Can I Get In Trouble for Medical Marijuana Use?

Federally, marijuana use is still illegal, so if you use medical cannabis on federal land, you can potentially still face charges. Some people have also faced other federal charges in California, despite the fact that federal officials have said that they will not be prosecuting people using marijuana in ways that abide by state law. Similarly, some people do face housing or employment consequences for medical marijuana use, even though you are following the law. You should be aware of employer and landlord policies as you consider medical marijuana use.

Sadly, some people do face problems even when using medical marijuana perfectly legally. In these cases, a California marijuana lawyer can help you ensure that your rights are not violated. If you face marijuana-related charges, call Jessica McElfresh today at (858) 756-7107 for a free consultation on your case. Find out how we may be able to help.

California marijuana laws change frequently. For updated information, see the following pages: Medicinal Uses of Marijuana and Recreational Marijuana Business