What Physicians Need to Know About Medical Marijuana

Since federal government classified marijuana as an illegal narcotic in the middle of the twentieth century, 33 U.S. states now recognize its medical value and have approved the substance for medicinal use. Today, it’s used to treat a wide range of ailments, including cancer, glaucoma, HIV/AIDS, epilepsy, PTSD, arthritis, and Alzheimer’s disease, and it’s often recommended as a safer alternative to opioids for pain management.

Marijuana remains illegal under federal law and unapproved by the U.S. Food and Drug Administration (FDA). As a result, physicians cannot legally prescribe marijuana in the U.S. However, those with the proper credentials can certify that a patient has a qualifying condition and provide their recommendation for treatment with marijuana. Patients may then use this recommendation to register for a card that allows them to obtain legal marijuana from a state-licensed dispensary.

Becoming a Recommending Physician

Lack of information and available education regarding the medicinal use of marijuana is the most common barrier for physicians to participate in state-sanctioned programs. Given the drug’s current legality and lingering negative reputation, few large-scale studies regarding its safety and efficacy have been conducted, and there is a limited amount of research and education available for physicians as compared to FDA-approved drugs and treatment options.

Recognizing this educational deficit, multiple states have created mandatory medical marijuana Continuing Medical Education (CME) courses for physicians who wish to participate in recommendation programs. Information regarding specific requirements for program participation can be found on individual state department of health websites. For a comprehensive list of marijuana legality by state, click here.

Avoiding Potential Liability

Fortunately for physicians, the liability associated with recommending medical marijuana is minimal.

Doctors don’t prescribe marijuana or control the dosage, reducing their level of direct responsibility in case of an adverse event. Regardless, to avoid potentially liability, doctors should treat a recommendation for marijuana similar to any other prescription or treatment plan and follow sensible risk management policies. This includes performing and recording comprehensive initial examinations and regularly following up with patients regarding their condition and response to treatment. In addition, practices may want to use consent forms and enforce thorough record-keeping policies.

When in Doubt, Reach Out

Before implementing a formal medical marijuana recommendation policy, practice leaders should contact their malpractice insurer for comprehensive information regarding state laws and regulations. For further guidance on this issue, Curi members are encouraged to reach out to our Claims or Risk Management Departments at 800.662.7917.