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Medical Marijuana has become a hot topic in politics throughout the United States, leading to intense debate, the development of research programs, and the legalization of cannabis use for certain medical conditions. Most recently, the Florida Legislature sent legislation to Florida Governor Rick Scott that outlines the implementation of medical marijuana legalization. Florida voters in 2016 voted overwhelmingly to approve an amendment to the Florida Constitution that legalizes the substance for medical use.
The debate in the legislature and around the State of Florida mirrored the intense discussions across the country.
Is it really a medicine?
Should patients be able to use edibles, vape?
Is smoking an effective delivery mechanism?
How do we track it?
The Florida Legislature's implementation includes edibles and vaping, but does not allow patients to smoke their cannabis.
Other, sometimes more intense, debate centered around who should be able to grow and distribute medical cannabis.
Who do we trust to grow it?
How many dispensaries are they allowed to have?
How do we regulate them?
All of this debate, while it may be important, ignores a very important link in the chain.
The Doctors
When medical marijuana is used, it has to be prescribed by a qualified medical professional. Many states, in their hurry to legalize medical marijuana, ignore this important group. While the various legislatures posture and pander about how it can "safely and responsibly" be implemented, the group that will end up holding the most liability is left shaking their heads.
We caught up with a Florida doctor to get more information, he requested to remain anonymous but agreed to speak on the subject.
Dr. Smith had this to say, "As a licensed MD, I am extremely hesitant to prescribe medical marijuana. Because it is still illegal federally, I could technically be held liable for prescribing an illegal substance to my patients. Whether I believe it has medical use or it could be beneficial is irrelevant if my license is at risk and I can't continue practicing medicine."
"It's the same reason banks aren't able to handle the money from dispensaries. Until it is legalized across the nation, or it is firmly established that the state law pre-empts the federal one, I can't, in good conscience take the risk."
We asked Dr. Smith if others in the profession felt the same way.
"Absolutely, other MDs and DOs in town have told me they're in the same boat. It's just too risky." He continued. "Of course, there will always be the fly-by-night operations that will do it anyways, but patients should be careful when they deal with those practices. They are more interested in making a quick buck than patient safety."
What's the Solution?
Until Federal law changes, what can state governments do to reduce the liability on the doctors?
Dr. Smith proposed a solution.
"Until the Feds change their laws, states should move away from prescription or referral models. Most doctors aren't comfortable with signing off on the usage of medical marijuana. However, as a medical doctor, I can certify on a patient's medical record that they do have a qualifying condition. So, for example, if a patient has glaucoma, and that is a qualifying condition in the state they live, I can certify (via letter or fax) that they do indeed have the condition, allowing them to apply for a card or whatever license they need to purchase medical marijuana."
"That takes the liability off my back, and allows the patient to make the decision for themselves."
"It's not a perfect solution," admits Dr. Smith, "but in the current political climate, it could solve a lot of problems."
What's your take? How does your state handle medical marijuana?