Support the Lawsuit Against HB21-1317
On May 24, 2021 Governor Jared Polis signed HB21-1317 into law. Full text of HB21-1317 is Here.
WE NEED DOCTORS, ADVANCED PRACTITIONERS, CLINICS, and PATIENTS AGED 18-20 TO ADD THIER NAMES TO THE SUIT. If you believe as I do, that stripping a practitioner of diagnosing rights then forcing them to violate Conant v. Walters, the state constitution, their DEA license, and federal law by writing a prescription instead of a recommendation is WRONG, then sign below to add your name to the lawsuit. If you’re not a practitioner or young adult patient, you can also add your name in support.
Why we are opposed:
While this law has many, many problems, here’s a summary of the parts that will directly affect cannabis clinicians immediately:
1) It violates both the constitution of the State of Colorado and federal DEA law by requiring cannabis physicians/providers to write a prescription for medical marijuana. In 1996, the 9th circuit court of appeals ruling Conant vs Walters paved the way for the Colorado medical marijuana amendment by highlighting the distinction between “recommending” and “prescribing”. The court ruled recommendations fall under the First Amendment right to free speech, while prescriptions are regulated by the DEA. Therefore, the DEA cannot punish a physician for recommending marijuana to a patient, but they can if the doctor writes a prescription for it. The difference between a recommendation and a prescription? Dispensing instructions. HB21-1317 requires the medical cannabis practitioner to include the following in the “recommendation”: the potency, dosage form, daily authorized quantity, and directions for use. Those are literally the definition of dispensing instructions. (All they left out was the tamper-evident paper.) If this bill becomes law, doctors will be forced to break the law, risking their DEA and medical licenses.
2) It creates an undue burden on the patient by circumventing the Medical Practices Act to strip cannabis doctors of diagnosing rights. Under the Colorado Medical Practices Act, physicians and certain advanced practitioners are allowed to diagnose and treat patients as part of their practice. HB21-1317 seeks to wrongly limit the scope of practice for cannabis providers by no longer allowing them to diagnose patients themselves, thus forcing patients to pay for 2 medical visits: one to diagnose, and a second to recommend medical marijuana. Previously, a physician or practitioner able to diagnose under the scope of their license was able to diagnose the patient themselves for purposes of the cannabis recommendation if no records were available. We have asked the state for clarification on this.
For example, if the patient has a seizure in front of you, are you supposed to help them with the emergency, but then NOT diagnose them with seizures for purposes of medical marijuana use?
As always, you can text me at 303-618-1774 and I will call you back, or email me at firstname.lastname@example.org to discuss!