Medical Marijuana Physician and
Evaluation Center Consultants

Proposition 215 (“Compassionate Use Act”) provides immunity to physicians from “punishment or the denial of any right or privilege” solely for recommending the use of marijuana for a patient. Further, the 1st Amendment, the Right to Freedom of Speech, protects physicians from federal prosecution so long as the physician does not aid, abet, or conspire in the purchase, cultivation, or use of marijuana.

Our law office provides a variety of legal services to the physicians and medical evaluations centers throughout California.

Among these areas of legal services are:

• Professional discipline, including license revocations and medical staff privileges


• Legal advisement on medical record confidentiality and informed consent


• Legal advisement on providing testimony for patients


• Facility licensure and accreditation


• Purchase, sale, and lease of health care facilities


• Managed care and operational contracts


• Healthcare related litigation


• Employment contracts, non-compete covenants, and indemnity/hold harmless agreements

Medical Conditions Covered by Law

The Compassionate Use Act applies to patients with any “serious medical condition.” A serious medical condition includes cancer, anorexia, AIDS, in addition to chronic or persistent medical symptoms that either 1) substantially limits the ability of a person in a major life activity (California law relies on the American with Disability Act to define a major life activity.), or 2) a symptom which if not relieved and may cause serious harm to a patient’s safety or physical/mental health. It is important for physicians to limit their recommendations to symptoms or ailments that are legally protected. Failure to do this may limit a physician’s immunity and make that physician vulnerable to prosecution and/or medical board investigation and reprimand.

Malpractice Liability & Liability to
Third Parties

Unlike prescription drugs, medical marijuana is grown and processed without governmental regulation. A physician recommending marijuana may risk malpractice liability in a number of situations.

Additionally, physicians can be sued civilly if a patient harms or is the result of harm to another person. The Compassionate Use Act (CUA) does not replace laws that prohibit people from engaging in dangerous conduct nor does the CUA allow the diversion of marijuana for non-medical use. Our office has assisted physicians and medical evaluation centers in minimizing the risks of malpractice and third party liability.

If you or your medical evaluations center have questions regarding the operation or function under the law, please feel free to call or e-mail our offices or contact us via our contact page.