Gallery: SweetDee7

The Gorgeous Sweet Dee

Originally from Oceanside, CA.  This vixen is not only one our first and hottest models we will ever have, but also a photographer, Office Manager and all around badass for our cause.

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Model: Denessa Sims Photographer: Heather Schnurr
Model: Denessa Sims
Photographer: Heather Schnurr
Model: Denessa Sims Photographer: Heather Schnurr
Model: Denessa Sims
Photographer: Heather Schnurr
Model: Denessa Sims Photographer: Heather Schnurr
Model: Denessa Sims
Photographer: Heather Schnurr
Model: Denessa Sims Photographer: Heather Schnurr
Model: Denessa Sims
Photographer: Heather Schnurr

http://gifboom.com/x/36793db3

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Photographer: Heather Schnurr; @HeatherBGanjaVibes

Model: Denessa Sims; @SweetDee7

All Photos are original content created and owned by: Ganja Vibes; Heather B Ent, LLC

It’s International Bacon Day

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San Diego, CA is going hard in the grease for this one…

http://www.sdbaconfest.com/

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So celebrate and revel in bacon ecstasy ya’ll!

~HeatherB

 

Medical Marijuana State

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VICTORY! Harborside Health Center, World’s Largest Medical Pot Dispensary, Wins Battle To Avoid Shutdown

A federal magistrate on Monday ruled that the Harborside Health Center located in Oakland and San Jose, Calif., can continue to operate, despite a bid by federal prosecutors to shut it down. Harborside is widely considered the world’s largest medical cannabis dispensary.

The ruling comes as the latest move in a larger battle over the fate of medical marijuana dispensaries in California, where shops operating in full compliance with state law have come under pressure from the federal government.

Harborside’s landlords have called on the court to order an immediate halt of cannabis sales at their properties in Oakland and San Jose on the grounds that the activity is illegal under federal law. Meanwhile, the city of Oakland, which last year received more than $1 million in tax revenue from Harborside, has filed suit against the federal prosecutors to challenge the forfeiture action.

Chief Federal Magistrate Maria-Elena James ruled that it is the role of the government — not Harborside’s landlords — to determine whether the business should be shut down for its alleged violation of the Controlled Substances Act.

Landlords “are attempting to use a procedural rule in a civil forfeiture proceeding to bring what amounts to an enforcement action … against Harborside,” the 17-page ruling said. “This is a measure which the Government — the entity charged with enforcing the statute — has elected not to pursue.”

Judge James also declined to grant a motion from the City of Oakland to immediately prohibit the federal government’s legal efforts to close Harborside. A hearing is scheduled later this month to hear further arguments in the City of Oakland’s lawsuit.

Medical cannabis is currently legal in 18 states and the District of Columbia, but U.S. prosecutors have argued federal law — which forbids the substance — should take precedence.

Harborside’s lawyer, Henry Wykowski, underscored the importance of Monday’s decision.

“We are gratified that Judge James listened to and analyzed the parties’ arguments so thoroughly and has now rendered an opinion that will ensure Harborside has the right to present its case to a jury,” Wykowski said in a press release on Harborside’s website. “Despite the government’s efforts to shortcut the case, Harborside will now be able to fully defend itself at trial. That is all we had asked, and the court has now agreed. The stage is now set for a jury trial on the underlying issues of the litigation, which will probably take place in about one year.”

via Harborside Health Center, World’s Largest Medical Pot Dispensary, Wins Battle To Avoid Shutdown.

 

FadedFools – OG Kush Pictures

Tahoe OG Kush 2011

23rd February, 2011

Here is some more Tahoe OG Kush for 2011. Tahoe is one of the newer and most popular cuts of OG Kush now. Some people argue that Lake Tahoe CA is the birthplace to the legendary OG Kush strain. I on the other hand believe that the San Fernando Valley was the breeding ground to what we now know as OG Kush. Please leave a comment and tell me where YOU think OG Kush came from…

via FadedFools – OG Kush Pictures.

 

Doug Fine // Too High To Fail

Too High To Fail

From the bestselling author of Farewell, My Subaru, Too High to Fail is the first in-depth look at the burgeoning legal cannabis industry and how the “new green economy” is shaping our country.

“Fine has written a well-researched book that uses the clever tactic of making the moral case for ending marijuana prohibition by burying it inside the economic case.” -Bill Maher in The New York Times

“Fine examines how the American people have borne the massive economic and social expenditures of the failed Drug War, which is ‘as unconscionably wrong for America as segregation and DDT.’ A captivating, solidly documented work rendered with wit and humor.”  -Kirkus (Starred Review)

“In his entertaining new book…(Fine) successfully illuminates an unusual world where cannabis growers sing ‘Happy Birthday’ to (friendly law enforcement) while crossing their fingers against the threat of federal raids.This informative book will give even hardened drug warriors pause.” -Publisher’s Weekly

“An important book.” -Michael Pollan

The nation’s economy needs a jump start, and there’s one cash crop that has the potential to help turn it around: cannabis (also known as marijuana and hemp). According to Time, the legal medicinal cannabis economy already generates $200 million annually in taxable proceeds from a mere five hundred thousand registered medical users in just sixteen states. Though thanks to Dick Nixon and America’s longest war — the War on Drugs — cannabis is still technically synonymous with heroin on the federal level even though it has won mainstream acceptance nationwide – 51% of Americans support full legalization (cannabis regulated for adults like alcohol), and 80% support medicinal cannabis legalization.

ABC News reports that underground cannabis’s $35.8 billion annual revenues already exceed the combined value of corn ($23.3 billion) and wheat ($7.5 billion). Imagine if the American economy benefited from those numbers, instead of going into criminal drug gang bank accounts.  Actually, you don’t have to imagine: it’s already happening in Canada and Europe, though as yet U.S. leaders won’t heed the call to end the forty-year, trillion-dollar Drug War you have been financing to almost no effect since 1971.

Considering the economic impact of cannabis prohibition—and its repeal—Too High to Fail isn’t a commune-dweller’s utopian rant, it’s an objectively (if humorously) reported account of how one plant can drastically change the shape of our country, culturally, politically, and economically.

In what can now be called his usual wild, hysterical fashion, and with typically impeccable investigative journalistic result, globe trotting, vegetable oil truck-driving rugged individualist goat herder Doug Fine extrapolates a model for the multi-billion-dollar legal, sustainable, cartel-crippling economy that can result when the failed Drug War is finally called off and cannabis is regulated like alcohol in North America.

Too High to Fail covers everything from a brief history of hemp to an insider’s perspective on a growing season in Mendocino County, California, where cannabis drives 80 percent of the economy (to the tune of $8 billion annually). Fine follows one plant from seed to patient in the first American county to fully legalize and regulate cannabis farming. He profiles an issue of critical importance to lawmakers, venture capitalists, climatologists and ordinary Americans—whether or not they inhale.

In classic Doug Fine fashion, Too High to Fail is a wild ride that includes swooping helicopters, college tuitions paid with cash, cannabis-friendly sheriffs (a decorated lawman who says, “I woke up and realized the sun still rises and there is still an America with legal cannabis”), and never-before-gained access to the world of the emerging legitimate, taxpaying “ganjaprenneur.”

What the critics are saying:

Fine examines how the American people have borne the massive economic and social expenditures of the failed Drug War, which is “as unconscionably wrong for America as segregation and DDT.” A captivating, solidly documented work rendered with wit and humor.  -Kirkus (Starred Review)

In his entertaining new book…(Fine) successfully illuminates an unusual world where cannabis growers sing “Happy Birthday” to (friendly law enforcement) while crossing their fingers against the threat of federal raids.This informative book will give even hardened drug warriors pause. -Publisher’s Weekly

“Fine has written a well-researched book that uses the clever tactic of making the moral case for ending marijuana prohibition by burying it inside the economic case.” -Bill Maher in The New York Times

“An important book.” -Michael Pollan

via Doug Fine // Too High To Fail.

 

 

California NORML’s conference marking the 100th anniversary of marijuana prohibition in California

 

All are invited to California NORML’s conference marking the
100th anniversary of marijuana prohibition in California.

 

Cannabis in California: Ending the 100 Year War
January 26 & 27, 2013
Ft. Mason Conference Center, San Francisco

All are invited to California NORML’s conference marking the 100th
anniversary of marijuana prohibition in California. This two-day
event, held January 26 & 27, 2013 at Ft. Mason Conference Center in
San Francisco, will explore the history, causes and costs of the war
on cannabis, and strategies for ending it.

Speakers at this historic conference will include leading experts on
cannabis, reform movement leaders, public officials, attorneys,
scientific and medical experts.

Following up on Cal NORML’s “Next Steps” conferences of 2011, we will
discuss concrete measures to reform California’s cannabis laws, both
medical and otherwise, through legislation, litigation and ballot
initiatives.

Special early bird CalNORML Member Registration is $65 for both days.
Non-Member Earlybird Registration is $75.

The Radisson at Fisherman’s Wharf is offering a special room rate for
attendees.
Call 415-392-6700 and ask for the California NORML group rate.

Proposals for participation and sponsorship are invited at:
conference@canorml.org or (415) 563-5858.

 

 

 

The O’Shaughnessy’s Reader | Society of Cannabis Clinicians

Everyday We Write the Book

“Everyday I Write the Book” is a true song by Elvis Costello and it’s also our aim —to post news, analysis, and relevant history that people interested in the medical marijuana movement might find useful.

I’ve been covering the movement in earnest since 1996, when California voters passed Proposition 15, which allowed doctors to approve cannabis use by patients. It’s a big story with many facets —science, politics, law, medicine, history, economics— and a cast of thousands, and a supporting case of millions.

My day job as an editor at the University of California San Francisco enabled me to follow advances on the scientific front. And I had good connections on the political and medical fronts, including Dennis Peron —whose San Francisco Cannabis Buyers’ Club had given rise to the Prop 215 campaign— and Tod Mikuriya, MD, the Berkeley-based psychiatrist who had published the suppressed pre-prohibition medical literature on marijuana and helped draft Prop 215.

In 2000 I joined the ranks of law enforcement as public information officer for the District Attorney of San Francisco, Terence Hallinan. Getting an inside view of how the “War on Drugs” is actually prosecuted —even in the city and county of San Francisco under “America’s most progressive DA”— confirmed my outside view. Two-thirds of all criminal cases involve drugs. Enforcing drug prohibition is the excuse for maintaining an outsized police force. Abolition in one county can’t be achieved.

In 2003 I producedO’Shaughnessy’s in support of Dr. Mikuriya, who was being prosecuted by the Medical Board of California. Tod had organized a group of doctors (now called the Society of Cannabis Clinicians) who were monitoring cannabis use by patients. He wanted a journal that would publish the SCC doctors’ findings and observations, and keep them up-to-date on what scientists were learning about the endocannabinoid system, and report on relevant political and legal developments of interest. By design, O’Shaughnessy’s came out as a cross between a medical journal and a defense-committee leaflet. “Hybrid vigor!” Tod proclaimed.

He died in 2006. The SCC abides under the leadership of Jeffrey Hergenrather, MD. O’Shaughnessy’s abides as a tabloid distributed by SCC members to their patients —and now online. Martin A. Lee has been an editor since 2009.

Viewpoints expressed on this site and in O’Shaughnessy’s do not reflect positions taken by the SCC. Signed pieces present the opinions of the authors; unsigned pieces present the opinions of the editors. Contents (c) 2012 by O’Shaughnessy’s. All rights reserved. Please address reprint requests to fred@plebsite.com.

—Fred Gardner

via The O’Shaughnessy’s Reader | Society of Cannabis Clinicians.

L.A. ban on pot dispensaries greeted with anger, support – latimes.com

It’s an interesting day in the life for dispensary owners of Los Angeles, CA. What do you think about this? We think it’s an interesting ploy to detract attention from more serious issues most likely skating by in the ballots…the smoke and mirrors of politics. It’s beneficial to regulate anything, but truly WHAT PHARMACEUTICAL COMPANIES “SHARE” THEIR MEDICAL DRUGS? They are for profit over health. “Shakes our Heads”!

The Los Angeles City Council’s unanimous vote Tuesday to ban all pot dispensaries was met with a mixture of anger and support.

Medical marijuana activists erupted in jeers after the decision, and police officers were called into the council chambers to quell them. Some activists threatened to sue. Others vowed to draft a ballot initiative to overturn the ban.

“We’re not going to make this easy for the city of Los Angeles,” said Don Duncan, California director of Americans for Safe Access.

But the ban is supported by some neighborhood activists as well as Los Angeles Police Chief Charlie Beck, who criticized most pot shops in the city as “for-profit businesses engaged in the sale of recreational marijuana to healthy young adults.”

Under the ban, all of the 762 dispensaries registered in the city will be sent letters ordering them to shut down immediately. Those that don’t comply may face legal action from the city.

The new ordinance allows patients and their caregivers to grow and share marijuana in groups of three people or fewer. But activists complain that few patients have the time or skills for that, with one dispensary owner saying it costs at least $5,000 to grow the plant at home.

Councilman Jose Huizar said the ban, which received a last-minute show of support from MayorAntonio Villaraigosa and Beck on Tuesday, will help bring peace to neighborhoods that he says have been tormented by problem dispensaries.

“Relief is on its way,” he said, noting that the ban would allow the city to close shops without having to prove that they are violating nuisance or land-use laws, as is the case now.

But the issue was clouded when the council also voted to instruct city staff to draw up a separate ordinance that would allow dozens of pot shops to remain open. Officials said that proposal, which would grant immunity to shops that existed before a 2007 moratorium on new dispensaries, could be back to the council for consideration in three months.Huizar voted against that motion, which he said might give the public “false hope” that the ban would not be enforced.But Councilman Dennis Zine, who voted for both the ban and the plan to allow some dispensaries to stay open, suggested that police might not enforce the ban against the city’s original pot shops while the new ordinance is being drawn up.

“The officers will be given that information and we will concentrate on the other locations initially,” Zine said.

However, Councilman Paul Koretz, who proposed the ordinance to allow some shops to stay open, called Tuesday’s prohibition “a ban until otherwise noted.”

How cities should regulate distribution of pot has been a gray area since California voters passed a 1996 initiative legalizing medical marijuana even though any sale of marijuana remains illegal under federal law. Officials are looking to an upcoming ruling by the state Supreme Court for clarity on whether cities can regulate and ban dispensaries, but that may not come for another year.

Council members said that in the meantime, something had to be done to reduce the number of dispensaries, which outnumber Starbucks coffee shops in Los Angeles 2 to 1, according to Councilman Paul Krekorian.

Beck, who appeared before the council, said dispensaries can be hot spots for crime, citing burglaries, armed robberies and killings.

But those who support dispensaries say the ban will simply drive distribution of marijuana underground.

That’s what Steven Lubell, an attorney who represents several of the city’s original dispensaries, predicted. “Is it going to go away? No,” he said. “It’s going to go to a darker side.”

L.A. ban on pot dispensaries greeted with anger, support – latimes.com.

On the Road Again

A BEGINNERS GUIDE FOR MEDICAL CANNABIS

20 JANUARY 2011

This is intended for those of you who are interested in using cannabis therapeutically but who are not fully familiar with what’s involved in becoming a patient in California. Whether you have been advised to try cannabis by your physician or, if you are wondering if medical cannabis could work for you — this guide will (hopefully) help you understand: How to become a medical cannabis patient; how to navigate the California dispensary framework; and various ways to use cannabis that you may encounter on your journey to better managing your health.

Let’s begin by talking about what cannabis is and how it works on the body. Cannabis is one of the oldest forms of medicine that exists in the world, with evidence dating back to 4,000 B.C.  The word cannabis is used to describe the fresh plant and dried buds used for smoking/vaporizing (we call food made with cannabis extracts, “edibles”).  Although the effectiveness of medical cannabis has been disputed by most governments (please visit this link to find out why and how cannabis became illegal in the first place), medical cannabis/compassionate use programs now exist in 15 states nationally.

Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief – particularly of neuropathic pain (pain from nerve damage), migranes – nauseaspasticity, glaucoma, and movement disorders like Arthritis. Marijuana is also a powerful appetite stimulant, specifically for patients suffering from HIV, the AIDS wasting syndrome, or dementia or anorexia. It has been shown to assist with gastro-intestinal disorders and Post-Traumatic Stress Disorder. Emerging research suggests that marijuana’s medicinal properties may actually protect the body against some types of malignant tumors and are neuroprotective.

There are also a wide range of mental health problems that our patients have found relief from.  Depression,anxietyinsomniaADD, and lack of libido come up frequently at the dispensary as reasons for medical cannabis use.

How can cannabis work so well in treating many illness’ and symptoms? Cannabis’ efficacy has been well-proven by using our own endocannabinoid system, which is involved in a variety of physiological processes including appetite, pain-sensation, mood, and memory; it also mediates the psychoactive effects of cannabis.  The cannabinoids from the cannabis plant fit nicely into human cannabinoid receptors. Thus, the cannabinoids from the cannabis plant can be utilized by the human cannabinoid system.

For more detailed info Public Medical.gov ,has many articles illustrating the role of our own endocannabinoid system, find them by searching “endocannabinoid system” in the search box.

One of the most abundant cannabinoids in cannabis – THC – creates a euphoric effect. The other cannabinoids in cannabis do not. CBD is another cannabinoid in cannabis. CBD has medicinal applications both in conjunction with THC, but also independently of it. Other cannabinoids also have likely medicinal applications though there is less data available.

Once you and/or your physician decide to look into cannabis as treatment, you must obtain a “recommendation” for medical cannabis use from a licensed California MD. This is a little different from a traditional prescription written by your doctor and must include the language “I recommend” rather than “I prescribe” or, “I am aware of cannabis use”, as written in the California compassionate use act enacted in 1996, Prop 215.  The statement may include, but does not have to, a reason for treatment or any limits, exceptions or guidelines for the patient.  The letter MUSTinclude: the Dr.’s signature, the date the statement was written and a phone number or website where cannabis dispensaries can call the doctor’s office to verify the date of expiration or re-evaluation of the cannabis recommendation, usually one year. If your physician is unsure how to format the recommendation, find a PDF file of a BLANK PHYSICIAN’S STATEMENT here.

This letter can be written by ANY LICENSED CALIFORNIA MD and does not have to be made by your primary physician. Many doctors offices now exist that only see patients for medical marijuana evaluations and do not perform other medical doctor duties in that office (let’s call them Medical Cannabis Doctors). Although I would still suggest you attempt to talk to your primary physician/oncologist, etc first — Sometimes those doctors, who do not deal with cannabis evaluations daily, can be unclear on the legality of what you are asking them or, in the case of Kaiser Permanente, have their legal managers forbid them from writing the note properly (Kaiser Dr.’s cannot use the word “recommendation” even though the law explicitly asks for it) – even for the terminally ill.

Mother Jones magazine recently wrote an article, How to get a Pot Card (Without Really Trying). In it, the author and his wife had a competition to see who could obtain a medical marijuana recommendation the fastest – the author, for “writer’s cramp” a vague, undocumented pain in his wrist, went to a Medical Cannabis Doctor; his wife, for the treatment of painful, rheumatoid arthritis with complications found from prescribed pharmacy meds, went to her rheumatologist.Who do you think became a medical patient first? Even a quick search pulls up dozens of articles regarding medical cannabis and treating the pain and inflammation associated with arthritis but still, her rheumatologist and a GP she saw afterwards, were not willing to write her a letter of recommendation for cannabis treatment.  The author obtained a recommendation for his writer’s cramp quite easily, costing him $70 and not covered by his insurance.

Going to a doctor who specifically evaluates for cannabis use will certainly mean that cannabis will be considered for your case.

Also, Medical Cannabis Doctors often have systems in place that make it very simple for dispensaries to contact them at any time for verification of the physician’s statement, like a website or 24 hour phone number.  California NORML has compiled a list of medical cannabis evaluators by city, find it here. Others can be found by searching with Google.

Verification can sometimes be more difficult for patients who’s physicians keep shorter hours or are harder to reach. For those patients we recommend obtaining a verified Patient I.D. Card from thePatient I.D. Center in Oakland (suggested) or a Patient I.D. from the Public Health Department of your county- in addition to your recommendation.  Theses ID cards can help stream-line the registration/verification process when you visit dispensaries for the first time because you have been pre-verified by one of these agencies. Usually, each dispensary you visit will verify your letter of recommendation once when you first register and again each year when you renew your patient status – so it is important your doctor is reachable.

To clarify: the additional I.D. is not mandatory – as long as your doctor can be reached by phone or online, PCC will accept and try to verify any recommendation from any licensed California MD.  Aone-time-basis visit will be allowed pre-verification if  the patient has provided an original letter with an embossed seal with either a California ID/DL or photo I.D and proof of CA residency.  Once verified, please bring your valid patient information and a valid California I.D or driver’s license each time you visit.

Once you receive your recommendation, you are a qualified medical cannabis patient, protected by Prop 215 to possess, consume, transport and grow cannabis.

If you aren’t planning on growing your own medicine you will be visiting a medical cannabis dispensary. Here at Berkeley Patients Care Collective we strive to make the first time visit to our dispensary as comfortable and educational as possible.  First time patients come in every day that, because of changes to their health, have decided to try cannabis – sometimes for the first time in decades. For these patients, the cannabis they remember from their teens is often quite different from the quality and potency of cannabis that dispensaries carry these days, and with many more choices available.

The registration process at Berkeley Patient’s Care Collective includes a complete introduction to all types of medicine by one of our extremely informed consultants. When you approach the security at the door, save time by having your physician’s statement and California ID or driver’s license out and ready to be examined.  As a first time patient, security will direct you to the front office where you will fill out our membership registration form.  You will also be informed of our guidelines and hours of operation, etc. From there, front desk staff walks you to a personal consultant who will acquaint you with how our counter is set up and guide you through your entire experience with information and recommendations, answering any questions you may have along the way.

The first time you visit a dispensary, it’s likely there will be a lot of phrases, strains and products you are not familiar with. Take your time, ask questions and look at different things. A lot of patients enjoy smelling a variety of strains before they make their decision –”The nose, knows!”.  For the new user however, this method isn’t always helpful, as new patient’s aren’t used to judging the smell for quality or taste.  Share your desired effect – like whether you’re using cannabis for pain or for mood; maybe you’d like to try edibles or using a vaporizer- with your consultant, and a little experimentation of your own, is the best approach to learning about cannabis as medicine.

Coming soon,… Part II of A Beginners Guide to Medical Cannabis… manager David will clearly explains how to go about choosing the right strain and an easy formula for finding what you need when confronted with a sea of foreign strain names.

It’s important, for a certain level of comfort, to feel assisted yet in control of your dispensary experience. Do your own research to find the best dispensaries or doctors in your area.  User-based resources like Yelp and Weedmaps can help you find the very best products and service just by reading other patient reviews. Dispensaries should be happy to talk to potential new patients on the phone about what to expect on your first visit, so feel free to call ahead if a phone number is provided. Expect high quality service and if you don’t get it, take your business elsewhere. There are steps you can personally take to make your dispensary experience more comfortable – this interesting article in East Bay Express called Medical Marijuana Dispensary Etiquette – 101 is a useful tool in helping to cultivate the right attitude and in being prepared. Our own David Bowers is quoted several times within!

source: http://berkeleypatientscare.com/2011/01/20/a-beginners-guide-for-medical-cannabis/


Marijuana Dispensary Ban Considered at L.A. City Hall Tomorrow – Los Angeles News – The Informer

Marijuana Dispensary Ban Considered at L.A. City Hall Tomorrow – Los Angeles News – The Informer.

Venice, CA 2011

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16 Legal Medical Marijuana States & DC

Source:
http://medicalmarijuana.procon.org/view.resource.php?resourceID=000881

Medical Marijuana

This statement was adopted by the full Medical Board on May 7, 2004. For more information, please see our news release dated May 13, 2004.

On November 5, 1996, the people of California passed Proposition 215. Through this Initiative Measure, Section 11362.5 was added to the Health & Safety Code, and is also known as the Compassionate Use Act of 1996. The purposes of the Act include, in part:

“(A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where the 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; and

(B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.”

Furthermore, Health & Safety Code section 11362.5(c) provides strong protection for physicians who choose to participate in the implementation of the Act. – “Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.”

The Medical Board of California developed this statement since medical marijuana is an emerging treatment modality. The Medical Board wants to assure physicians who choose to recommend medical marijuana to their patients, as part of their regular practice of medicine, that they WILL NOT be subject to investigation or disciplinary action by the MBC if they arrive at the decision to make this recommendation in accordance with accepted standards of medical responsibility. The mere receipt of a complaint that the physician is recommending medical marijuana will not generate an investigation absent additional information indicating that the physician is not adhering to accepted medical standards.

These accepted standards are the same as any reasonable and prudent physician would follow when recommending or approving any other medication, and include the following:

History and an appropriate prior examination of the patient.
Development of a treatment plan with objectives.
Provision of informed consent including discussion of side effects.
Periodic review of the treatment’s efficacy.
Consultation, as necessary.
Proper record keeping that supports the decision to recommend the use of medical marijuana.
In other words, if physicians use the same care in recommending medical marijuana to patients as they would recommending or approving any other medication, they have nothing to fear from the Medical Board.

Here are some important points to consider when recommending medical marijuana:

Although it could trigger federal action, making a recommendation in writing to the patient will not trigger action by the Medical Board of California.
A patient need not have failed on all standard medications, in order for a physician to recommend or approve the use of medical marijuana.
The physician should determine that medical marijuana use is not masking an acute or treatable progressive condition, or that such use will lead to a worsening of the patient’s condition.
The Act names certain medical conditions for which medical marijuana may be useful, although physicians are not limited in their recommendations to those specific conditions. In all cases, the physician should base his/her determination on the results of clinical trials, if available, medical literature and reports, or on experience of that physician or other physicians, or on credible patient reports. In all cases, the physician must determine that the risk/benefit ratio of medical marijuana is as good, or better, than other medications that could be used for that individual patient.
A physician who is not the primary treating physician may still recommend medical marijuana for a patient’s symptoms. However, it is incumbent upon that physician to consult with the patient’s primary treating physician or obtain the appropriate patient records to confirm the patient’s underlying diagnosis and prior treatment history.
The initial examination for the condition for which medical marijuana is being recommended must be in-person.
Recommendations should be limited to the time necessary to appropriately monitor the patient. Periodic reviews should occur and be documented at least annually or more frequently as warranted.
If a physician recommends or approves the use of medical marijuana for a minor, the parents or legal guardians must be fully informed of the risks and benefits of such use and must consent to that use.
Physicians may wish to refer to the following CMA documents:

ON-CALL Document #1315 titled “The Compassionate Use Act of 1996”, updated annually for additional information and guidance – http://www.cmanet.org/bookstore/freeoncall2.cfm/CMAOnCall1315.pdf?call_number=1315&CFID=745764&CFTOKEN=27566287
“Physician Recommendation of Medical Cannabis”, Guidelines of the Council on Scientific Affairs Subcommittee on Medial Marijuana Practice Advisory – http://www.mbc.ca.gov/medical_marijuana_cma-recommend.pdf
Although the Compassionate Use Act allows the use of medical marijuana by a patient upon the recommendation or approval of a physician, California physicians should bear in mind that marijuana is listed in Schedule I of the federal Controlled Substances Act, which means that it has no accepted medical use under federal law. However, in Conant v. Walters (9th Cir.2002) F.3d 629 the United States Court of Appeals recognized that physicians have a constitutionally-protected right to discuss medical marijuana as a treatment option with their patients and make oral or written recommendation for medical marijuana. However, the court cautioned that physicians could exceed the scope of this constitutional protection if they conspire with, or aid and abet, their patients in obtaining medical marijuana.