(a) An authorized practitioner may recommend the use of medical marijuana to a qualifying patient if the authorized practitioner:
(1) Is in a bona fide relationship with the qualifying patient; and
(2) Makes the recommendation based upon the authorized practitioner's assessment of the qualifying patient’s medical or dental history, current medical or dental condition, and a review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment.
(b)(1) An authorized practitioner's recommendation that a qualifying patient may use medical marijuana shall be signed by the authorized practitioner and include:
(A) The authorized practitioner's board-issued license number; and
(B) A statement that the use of medical marijuana is necessary for the treatment of a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment.
(2) An authorized practitioner's recommendation shall be valid only if it is written on a form prescribed by ABRA.
(c) Except as provided in § 7-1671.07, a physician [an authorized practitioner] 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) An authorized practitioner recommending the use of medical marijuana by a qualifying patient shall not have a professional office located at a dispensary, cultivation center, or testing laboratory or receive financial compensation from a dispensary, cultivation center, or testing laboratory, or a director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory.
(Feb. 25, 2010, D.C. Law 13-315, § 5; as added July 27, 2010, D.C. Law 18-210, § 2, 57 DCR 4798; Feb. 18, 2017, D.C. Law 21-209, § 2(d), 63 DCR 15291; Dec. 3, 2020, D.C. Law 23-149, § 5012(c), 67 DCR 10493.)
Section ReferencesThis section is referenced in § 3-1202.03 and § 7-1671.02.