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Medical Marijuana and Related Legal Aspects

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Hannah Phillips
Medical Marijuana and Related Legal Aspects

When medicinal marijuana is widely accepted, pharmacists are likely to be relied upon to advise patients. The "aiding and abetting" of drug usage must be avoided at all costs. Pharmacists have been tasked with administering medicinal marijuana in a number of states.


Dispensing pharmacists may be protected to some extent by state law, but they would still be in violation of federal law regarding restricted medications and may be arrested for a crime if that happened. Medical marijuana laws and regulations, as well as a database of clinical information about marijuana, are included in the American Society of Health System Pharmacists' advice to pharmacists in this situation. Additionally, the organization provides a systematic method for collecting and maintaining patient medical histories that protects patient privacy. To get a maryland marijuana card follow the link.



When prescribing medicinal marijuana, pharmacists are required to avoid making recommendations for the drug's usage, providing detailed instructions for its use, or procuring it for a patient's use.



The P&T Committees


This has consequences for P&T committees, such as how credentialing may be affected by the organization's stance regarding medicinal marijuana usage. P&T committees may be consulted by affiliated organizations, such as a dispensary, for policy advice or other administrative help related to the distribution of medicinal marijuana. As a consequence of health reform-mandated market rules, the P&T committees of medical marijuana-related organizations may be able to benefit from shared savings.




Hospitals and Clinics


Hospitals and pharmacies are often required to handle the distribution of medicinal marijuana, even as states dispute the best means to do it. For legal reasons, this vital position puts institutions at risk because of uncertainty in federal and state regulations. A breach of the Controlled Substances Act might result in penalties or imprisonment for personnel, the closure of a facility, the loss of DEA controlled-substances registration and facility license, and the loss of federal health care funds if it is willful. 9,10




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Employee Workplaces


Medical marijuana usage is currently prohibited on company property or during working hours in California, Massachusetts, Minnesota, Oregon, and Washington under current legislation; other states have not addressed the matter. Although marijuana possession is illegal, it's not clear what the legal repercussions of consuming and being inebriated by medicinal marijuana at work are.




Employees who are registered medicinal marijuana users in these five states are afforded some legal protection. Pre-employment drug tests in Arizona, Connecticut, and Delaware include identical wording prohibiting the use of registry cardholders who test positive for marijuana usage as a basis for discrimination. 17–20 For federal grantees and federal contractors, however, it is permitted for employers not to make an offer if doing so would violate the standards of the 1988 Drug-Free Workplace Act of 1988.




Arizona, Delaware, Maine, Michigan, and Rhode Island prohibit employers from taking disciplinary or discriminatory action against workers who have a registered card.






In the past, employees have sought legal redress under the Americans with Disabilities Act (ADA).




21 Medical marijuana users, even if they are taking it under the guidance of a doctor and in accordance with local laws, are not covered under the Americans with Disabilities Act (ADA). James v City of Costa Mesa, a case heard by the Ninth Circuit Court of Appeals, was decided on May 22, 2012. 21 Marijuana's usage is not protected by the ADA as long as it is unlawful under federal law.

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