THC & Marijuana

From The Florida Medical Association, CME Course



The possession of medical marijuana violates federal law. Writing a prescription for medical marijuana violates federal law. Certifying a patient for medical marijuana arguably violates federal law. It appears at the present time, however, that the federal government will not be investigating or prosecuting physicians who certify physicians who certify patients for medical marijuana. Physicians who serve as a medical director for a medical marijuana treatment center will probably not be investigated or prosecuted, but may receive some unwelcome attention from the DEA. Given the tension between federal law and state laws on the subject of medical marijuana, this is a dynamic area subject to constant change. The current US Attorney General would very much like to enforce the current federal laws that provide that marijuana, even medical marijuana, is illegal to prescribe, possess or sell. While efforts have been made to reclassify marijuana as a schedule II drug, until this happens, each physician will have to decide on their own whether they are comfortable with certifying patients under the provisions of SB 8-A. Both certifying physicians and physicians who serve as the medical director of a medical marijuana treatment center should consult with their own private legal counsel to determine any potential criminal or civil liability for engaging in activity permissible under Florida’s SB 8-A.

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