Immunity For Medical Marijuana Physicians

A Petition
To the Medical Board of California
From Patients, Caregivers, and Friends

We Are Asking the Medical Board:
Please Follow the Law
Don't Take Away Our Doctors

Whereas: Health and Safety Code section 11362.5 (c) reads, Notwithstanding any other provision of law, no physician in this state shall be punished, or denied rights or privileges, for recommending marijuana to a patient for medical purposes.

Whereas: "Notwithstanding any other provision of law," is a special phrase in law, granting absolute immunity, even in cases of alleged or actual violations of laws or rules, including bad faith.

Whereas: The purpose of the section 11362.5 (c) was to protect patients from political acts against the doctor. When the doctor loses his/her license or the ability to recommend marijuana for medical purposes, the patients lose their rights to use medical marijuana. The current attacks by the Medical Board on physicians involved with the Compassionate Use Act of 1996 are what the people of the state of California were trying to prevent by section 11362.5 (c). The Medical Board's actions have also created an environment in which other physicians are afraid to help their legitimate patients comply with the law.

Whereas: In all the accusations and punishments involving California physicians, their medical marijuana patients have been ignored as if they didn't exist.

Whereas: Ron Joseph and other spokespeople have said the number of physicians under investigation or punishment relative to the Compassionate Use Act of 1996 is small, between five and ten, these physicians are caring for more than ten thousand patients, citizens of the state of California.
Whereas: The New England Journal of Medicine, (January 30, 1997 -- Volume 336, Number 5), in an editorial entitled "Federal Foolishness and Marijuana," stated:
"Some physicians will have the courage to challenge the continued proscription of marijuana for the sick."
The physicians who have been targeted by the Medical Board should be awarded for their courage, not punished for some obscure or alleged transgression, nor subjected to undercover/entrapment procedures.

Therefore: Patients and concerned citizens of the state of California petition the Medical Board to do the following:

In the case of physicians currently under investigation for violations related to medical marijuana, these investigations should be dropped and the accusations expunged.
In the case of physicians who have been accused of violations related to medical marijuana, all these accusations should be dropped. In the case of physicians who were punished or who signed settlement agreements, the punishment and settlement agreements should be thrown out, the records expunged. If any such physicians have additional charges apparently not related to medical marijuana, these charges should also be expunged.
All these physicians should retain their licenses with all rights and privileges, as stated in Health & Safety code section 11362.5(c), the Compassionate Use Act of 1996. No medical marijuana patient should have their physician yanked by Medical Board action.