Medical Marijuana - Medical, Legal, Social and Political Issues
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Medicolegal: New York State Medical Marijuana Legal Course Series-Topic I


This is the first of three courses of the New York State Medical Marijuana Legal Course Series. All three courses in the series review the Compassionate Care Act and discuss many of the medical legal issues that New York clinicians will face. These courses are not intended to serve as legal advice or guidance1.

 

PLEASE ONLY PROCEED WITH READING THIS CONTENT IF IT IS AGREED THAT THIS MATERIAL IS FOR EDUCATIONAL PURPOSES ONLY, AND THAT THE FOREGOING CONTENT IS NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE AND BY USING THIS CONTENT YOU UNDERSTAND THAT THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE PUBLISHER, SPONSOR AND/OR AUTHORS. THE FOREGOING CONTENT SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT LEGAL ADVICE FROM A LICENSED PROFESSIONAL ATTORNEY IN YOUR STATE.

 

In July 2014, Governor Cuomo and the New York State Legislature enacted the Compassionate Care Act; legislation that will allow healthcare providers to recommend the medical use of marijuana under carefully controlled circumstances.

 

One of the key issues raised by many physicians is whether participation in the New York medical marijuana program (NYMMP) violates federal law. The Federal Controlled Substances Act of 1970 ("CSA") regulates the manufacturing, distribution, dispensing and/or possession of controlled substances2. The CSA categorizes controlled substances into various schedules based on the substances' medical purpose, potential for abuse and danger to the general public. Drugs that have a high potential for abuse, are not currently accepted for medical use in treatment in the United States and lack an accepted safety for use under medical supervision are labeled as Schedule I controlled substances3. Such drugs are heavily regulated and cannot be prescribed by a physician without a special Schedule I license, which is rarely offered by the Drug Enforcement Agency ("DEA").



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This syllabus content additionally qualifies for the following CME designations: Medical Marijuana, Risk Management