Same Day Multiple Prescriptions
 Why is Our Government Pursuing a War on Doctors?

Free Electronic Newsletter

The following states have expressly addressed the issue of palliative care, usually allowing some medicinal uses of marijuana in derogation of controlled substances prohibitions. See Medical Marijuana Commentaries for academic comment. Some of the provisions have been the subject of case law analysis.

Alaska: ALASKA STAT. § 11.71.090.[Findlaw] $[Lexis] $[Westlaw]

• The Alaska statute provides an affirmative defense for providers to a prosecution for the delivery, possession, etc., of marijuana. The statute requires that the provider be the primary or alternate caregiver to the patient. § 11.71.090(a). Finally, the statute includes a detailed list of substances that fall under §11.71.090.

Arizona: ARIZ. REV. STAT. § 13-3412.01.[Findlaw] $[Lexis]$[Westlaw]

• Summary: This provision becomes applicable only if medical marijuana is approved by use by Congress, or if it is reassigned to a schedule other than Schedule I. Under this statute, physicians may also prescribe other Schedule I drugs to relieve pain as indicated by professional medical standards provided that they document the appropriateness of the prescription and obtain the written statement of a second physician verifying the legitimacy of the prescription. The medical board may examine a physician only if she fails to comply with these requirements. This provision is effectual notwithstanding federal law such as the Food, Drug and Cosmetic Act and the Controlled Substances Act.

• The California Compassionate Use Act focuses on pain management via use of marijuana for those patients in need of relief due to their illness and states in part: “that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief.”(§ 11362.5(b)(1)(A)). The statute protects physician prescribers from prosecution for having recommended marijuana to a patient for medical purposes (§ 11362.5(c)). See generally our discussion of Medical Marijuana.

• The Maine statute exempts the physician from prosecution where there is a bona-fide physician-patient relationship. § 2383-B(5)(A)(2). The statute governs the medical use of marijuana in order relieve pain or alleviate a patients symptoms from disease. § 2383-B(5)(A)(2)(a). The physician must also consult the patient regarding the possible health risks and therapeutic or palliative benefits of the medical use of marijuana. § 2383-B(5)(A)(2)(b).

• The Minnesota statute allows a physician to prescribe or administer a controlled substance within schedules II to V to an individual in the course of treatment for a diagnosed condition causing intractable pain. § 152.125 Subd(2). Also, the statute shields the prescribing physician from disciplinary action by the state board of medical practice for appropriately prescribing or administering a controlled substance. § 152.125 Subd(2). However, the physician must keep accurate records of the purpose, use, prescription, and disposal of controlled substances, write accurate prescriptions, and prescribe medications in conformance with other state law. § 152.125 Subd(2).

• The Oregon statute treats marijuana like other medicines in that state. §475.300(1). The statute allows state citizens to use small amounts of marijuana when suffering from debilitating medical conditions. §475.300(2). The statute allows patients to use the drug without fear of civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them and when other reasonable restrictions are met regarding use of the drug. §475.300(2). Finally, the Oregon statutes 475.300 to 475.346 were promulgated with the intent of allowing citizens with debilitating medical conditions who may benefit from medical use of marijuana the opportunity to discuss the possible risks and benefits of this treatment path with the benefit of their doctor’s professional advice. §475.300(3).

• The Washington statute protects patients with certain terminal or debilitating illnesses who, in the judgment of their physicians, would benefit from the medical use of marijuana. [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.010. Definitions of, for example, medical use and covered diseases [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.020. Restricts effects of statute to medical uses [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.030. Physicians excepted from state's criminal laws [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.040. Qualifying patients' affirmative defense [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.050. Medical marijuana, lawful possession [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.060. Remains a misdemeanor to use or display medical marijuana in public and notes that does not mandate prescription or supply by physician or insurer ore require accommodation by employer or create a defense in driving cases [Findlaw] $[Lexis] $[Westlaw]
• § 69.51A.070. Process by which medical conditions may be added to list in § 69.51A.005, .010 [Findlaw] $[Lexis] $[Westlaw]