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Is it legal for a holistic practitioner to write medical marijuana prescriptions for family members in California?

San Marcos, CA |
Filed under: Personal injury

A family member is writing medical marijuana prescriptions for several family members including her adult children. Now they are growing it and have young children in the home. I feel this is abuse of the medical marijuana laws and am concerned about the children. This is in Yuba City, Calif.

The individuals who are receiving the medical marijuana all have done prison time for drug possession and crimes committed while under the influence.

Attorney Answers 2


First of all, there is no such thing as a medicinal marijuana "prescription." Marijuana is still illegal under Federal law and cannot be prescribed.

In California, a physician can issue a recommendation for medicinal marijuana use. Some people refer to these as prescriptions, but the correct term is recommendation.

Only a physician can issue a medical marijuana recommendation. That means a person who is licensed by the state medical or osteopathic boards. It does not include chiropractor, optometrist or other medical providers.

If the person is a licensed physician, there is nothing to prevent him or her from recommending medicinal cannabis for family members.

If the "holistic practitioner" is not a licensed physician, the recommendations are worthless.

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You will need to talk to a local attorney, but it is unlikely that a non-physician can issue such a binding recommendation. The question is what can you, a family member do about it. They only think you could do is turn someone in to the police or authorities and hope they have time to investigate which could end up with everyone involved facing charges including your family.

Contact a local attorney to discuss your rights and responsibilities.

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