There is an important distinction to be made between writing a prescription and making a recommendation for medical marijuana. While prescribing a Schedule I controlled substance is a violation of federal law, the same cannot be said for recommending marijuana to a patient. In a case decided by the Ninth Circuit for the United States Court of Appeals, the Court held that a physician may not be prosecuted for recommending marijuana to qualified patients, with the good faith belief that such a patient will benefit from the consumption of marijuana. The Court made a distinction between a prescription, which is a federally regulated action, and a recommendation or certification, which is a protected expression of a physician’s First Amendment right to freedom of speech and belief. See Conant v Walters, 309 F3d 629, 632 (9th Cir 2002).
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