§ 7–1671.04. Recommending authorized practitioner; protections.

*NOTE: This section includes amendments by emergency legislation that will expire on July 7, 2024. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) A qualifying patient may receive a recommendation from an authorized practitioner to use medical cannabis for a qualifying medical or dental condition or a qualifying medical or dental treatment.

(b) An authorized practitioner may recommend the use of medical cannabis to a qualifying patient, on a form provided by ABCA, if the authorized practitioner makes the recommendation based on an assessment of the qualifying patient's current medical or dental condition.

(c) An authorized practitioner shall not be subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of any right or privilege, for advising a qualifying patient about the use of medical cannabis or recommending the use of medical cannabis to a qualifying patient pursuant to this chapter and any rules issued pursuant to § 7-1671.13.

(d) An authorized practitioner recommending the use of medical cannabis to a qualifying patient shall not have a professional office located at a retailer, internet retailer, cultivation center, manufacturer, or testing laboratory or receive financial compensation from a cultivation center, manufacturer, or testing laboratory, or a director, officer, member, incorporator, agent, or employee of a retailer, internet retailer, cultivation center, courier, manufacturer, or testing laboratory.

(e)(1) Within 14 calendar days of receiving a notice as described paragraph (2) of this subsection, a qualifying patient shall:

(A) Surrender his or her registration card to the Board; and

(B) Notify his or her registered caregiver, if applicable, of the change described in the notice.

(2) For the purposes of this subsection, "notice" means:

(A) An authorized practitioner declaring that:

(i) The qualifying patient no longer suffers from a qualifying medical or dental condition; or

(ii) The authorized practitioner no longer recommends use of medical cannabis for a qualifying medical or dental treatment for the qualifying patient; or

(B) A qualifying patient notifying ABCA that they no longer need cannabis for the treatment of a qualifying medical or dental condition or for a qualifying medical or dental treatment.