Court Backs Probe of Medical Pot Prescription

     (CN) – The California Medical Board didn’t violate a doctor’s rights by investigating him for prescribing medical marijuana to a patient suffering from attention deficit disorder, a California appeals court ruled.




     Dr. David Bearman prescribed marijuana to a patient named Nathan, who was stopped by a park ranger who found him with the drug.
     Nathan produced his letter from Bearman authorizing the use of the drug. Unconvinced, the park ranger reported the incident to the medical board.
     The board subpoenaed Nathan’s medical records, but the California Court of Appeal for the 2nd Appellate District quashed the subpoena for lack of good cause.
     Bearman responded by filing a civil rights lawsuit against the medical board. He claimed the board used subpoenas and disciplinary proceedings to intimidate doctors who prescribe medical marijuana.
     However, the Ventura-based appeals court upheld the lower court’s dismissal of the doctor’s claim.
     “We do not even opine whether there has been an abuse of the Compassionate Use Act (CUA) in this case,” Justice Yeagan wrote. “But in theory, there is room for abuse of the CUA in this emerging area of the law. Here, the board and its agents were trying to follow the statutory mandate.”
     That mandate restricts the use of medical marijuana to seriously ill patients.
     “Unfortunately, some people who are not seriously ill will attempt to (use medical marijuana) for a recreational high,” Yeagan wrote.

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