Article 25 - Recommending Medical Cannabis

California Business and Professions Code — §§ 2525-2525.5

Sections (6)

Amended by Stats. 2018, Ch. 599, Sec. 3. (AB 3261) Effective January 1, 2019.

(a)It is unlawful for a physician and surgeon who recommends cannabis to a patient for a medical purpose to accept, solicit, or offer any form of remuneration from or to a facility issued a state license pursuant to Division 10 (commencing with Section 26000), if the physician and surgeon or his or her immediate family have a financial interest in that facility.

(b)For the purposes of this section, “financial interest” shall have the same meaning as in Section 650.01.

(c)A violation of this section shall be a misdemeanor punishable by up to one year in county jail and a fine of up to five thousand dollars ($5,000) or by civil penalties of up to five thousand dollars ($5,000) and shall constitute

unprofessional conduct.

§ 2525.1

Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.

The Medical Board of California shall consult with the California Marijuana Research Program, known as the Center for Medicinal Cannabis Research, authorized pursuant to Section 11362.9 of the Health and Safety Code, on developing and adopting medical guidelines for the appropriate administration and use of medical cannabis.

§ 2525.2

Amended by Stats. 2017, Ch. 775, Sec. 96. (SB 798) Effective January 1, 2018.

An individual who possesses a license in good standing to practice medicine or osteopathy issued by the Medical Board of California, the California Board of Podiatric Medicine, or the Osteopathic Medical Board of California shall not recommend medical cannabis to a patient, unless that person is the patient’s attending physician, as defined by subdivision (a) of Section 11362.7 of the Health and Safety Code.

§ 2525.3

Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.

Recommending medical cannabis to a patient for a medical purpose without an appropriate prior examination and a medical indication constitutes unprofessional conduct.

§ 2525.4

Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.

It is unprofessional conduct for any attending physician recommending medical cannabis to be employed by, or enter into any other agreement with, any person or entity dispensing medical cannabis.

§ 2525.5

Added by Stats. 2015, Ch. 719, Sec. 5. (SB 643) Effective January 1, 2016.

(a)A person shall not distribute any form of advertising for physician recommendations for medical cannabis in California unless the advertisement bears the following notice to consumers:

NOTICE TO CONSUMERS: The Compassionate Use Act of 1996 ensures that seriously ill Californians have the right to obtain and use cannabis for medical purposes where 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 medical cannabis. Recommendations must come from an attending physician as defined in Section 11362.7 of the Health and Safety Code. Cannabis is a Schedule I drug according to the federal

Controlled Substances Act. Activity related to cannabis use is subject to federal prosecution, regardless of the protections provided by state law.

(b)Advertising for attending physician recommendations for medical cannabis shall meet all of the requirements in Section 651. Price advertising shall not be fraudulent, deceitful, or misleading, including statements or advertisements of bait, discounts, premiums, gifts, or statements of a similar nature.