Court: Doctors Can't Be Charged For Medical Marijuana Referrals

Published: Friday, November 21, 2014 - 7:37am
Updated: Friday, November 21, 2014 - 7:38am

The Arizona Court of Appeals has issued a ruling on doctors who certify that a patient could benefit from using medical marijuana.

The appeals court ruling says the doctors can't be criminally charged if they fail to review a year's worth of the patient's records.

The decision affirms the dismissal of forgery and fraud charges against Phoenix naturopath Dr. Robert Gear. He was charged in Navajo County after signing a medical marijuana certification for a police informant in 2012 based on his examination but before he received a year's worth of records.The state health department form certified that he reviewed the records.

The appeals court said the state's voter-approved medical marijuana law gives doctors immunity for their referral decisions despite what the form may say.

The Navajo County Attorney said he is disappointed that physicians issuing medical marijuana recommendations won't face any consequences if they don't comply with the records-review rules.

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