California Marijuana Defense Attorney Randy Moore
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Randy Moore

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Tanya Levinson Moore
Attorney Biography
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LeRoy Falk
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Proposition 215
Section 11362.5 Health & Safety Code

Compassionate Use Act of 1996

On November 5, 1996, the people of California passed Proposition 215. Through this Initiative Measure, Section 11362.5 was added to the Health & Safety Code, and is also known as the Compassionate Use Act of 1996. The purposes of the Act include, in part:

Furthermore, Health & Safety Code section 11362.5(c) provides strong protection for physicians who choose to participate in the implementation of the Act. - "Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes."

The Medical Board of California developed this statement since medical marijuana is an emerging treatment modality. The Medical Board wants to assure physicians who choose to recommend medical marijuana to their patients, as part of their regular practice of medicine, that they WILL NOT be subject to investigation or disciplinary action by the MBC if they arrive at the decision to make this recommendation in accordance with accepted standards of medical responsibility. The mere receipt of a complaint that the physician is recommending medical marijuana will not generate an investigation absent additional information indicating that the physician is not adhering to accepted medical standards.

These accepted standards are the same as any reasonable and prudent physician would follow when recommending or approving any other medication, and include the following:

  1. History and good faith examination of the patient.
  2. Development of a treatment plan with objectives.
  3. Provision of informed consent including discussion of side effects.
  4. Periodic review of the treatment's efficacy.
  5. Consultation, as necessary.
  6. Proper record keeping that supports the decision to recommend the use of medical marijuana.

In other words, if physicians use the same care in recommending medical marijuana to patients as they would recommending or approving any other medication, they have nothing to fear from the Medical Board.

Here are some important points to consider when recommending medical marijuana:

  1. Although it could trigger federal action, making a recommendation in writing to the patient will not trigger action by the Medical Board of California.

  2. A patient need not have failed on all standard medications, in order for a physician to recommend or approve the use of medical marijuana.

  3. The physician should determine that medical marijuana use is not masking an acute or treatable progressive condition, or that such use will lead to a worsening of the patient's condition.

  4. The Act names certain medical conditions for which medical marijuana may be useful, although physicians are not limited in their recommendations to those specific conditions. In all cases, the physician should base his/her determination on the results of clinical trials, if available, medical literature and reports, or on experience of that physician or other physicians, or on credible patient reports. In all cases, the physician must determine that the risk/benefit ratio of medical marijuana is as good, or better, than other medications that could be used for that individual patient.

  5. A physician who is not the primary treating physician may still recommend medical marijuana for a patient's symptoms. However, it is incumbent upon that physician to consult with the patient's primary treating physician or obtain the appropriate patient records to confirm the patient's underlying diagnosis and prior treatment history.

  6. The initial examination for the condition for which medical marijuana is being recommended must be in-person.

  7. Recommendations should be limited to the time necessary to appropriately monitor the patient. Periodic reviews should occur and be documented at least annually or more frequently as warranted.

  8. If a physician recommends or approves the use of medical marijuana for a minor, the parents or legal guardians must be fully informed of the risks and benefits of such use and must consent to that use.

Physicians may wish to refer to CMA's ON-CALL Document #1315 titled "The Compassionate Use Act of 1996", updated annually for additional information and guidance
(http://www.cmanet.org/bookstore/freeoncall2.cfm/CMAOnCall1315.pdf?
call_number=1315&CFID=745764&CFTOKEN=27566287
).

Although the Compassionate Use Act allows the use of medical marijuana by a patient upon the recommendation or approval of a physician, California physicians should bear in mind that marijuana is listed in Schedule I of the federal Controlled Substances Act, which means that it has no accepted medical use under federal law. However, in Conant v. Walters (9th Cir.2002) F.3d 629 the United States Court of Appeals recognized that physicians have a constitutionally-protected right to discuss medical marijuana as a treatment option with their patients and make oral or written recommendation for medical marijuana. However, the court cautioned that physicians could exceed the scope of this constitutional protection if they conspire with, or aid and abet, their patients in obtaining medical marijuana.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Links for Marijuana and Medical Marijuana Info

California Marijuana Lawyer.com

National Institute on Drug Abuse

- Marijuana.Com The Internet's Answer to the Drug War

American Medical Marijuana Association

Cannabis Culture Magazine Online Marijuana and Hemp Around

CANNABIS.COM - Cannabis, Marijuana, and Hemp Information

CaNorml site demo

CAPTAIN CANNABIS

Coloradans For Medical Rights 2000

Contact POT TV

CRRH's Hemp TV video archive low band-width clips about cannabis

Court Marijuana Club Can't Distribute Drug - Join Together

Dr. Frank Lucido

Drug InfoNet Doctors' Answers to Frequently Asked Questions

Drug Policy Alliance Action Center

E-The People America

grass music

HEMPROCK

HIGH TIMES - CELEBRATING THE COUNTERCULTURE

Home Page www.marijuana.org

http--www.marijuana.org-utahnewsstoriesandreleases.htm

Law and Reform

Legal Committee

MAP The Media Awareness Project

Marijuana and Health

MayoClinic.com - Drug Information - MayoClinic.com

Marijuana Drug Test - $5.95... For THC, Marihuana, Hashish

Mathamatics Of Dr. Tetrahydrocannibinol

Medical Marijuana

Medical Marijuana No Longer Contraband

Medical Marijuana Research Bill in California Endorsed by A

Medical Marijuana Supplied Free to Patients

Musicians for Medical Marijuana - Home

Narco News Ann Harrison Reports from Occupied California

Online NewsHour Medical Marijuana -- March 28, 2001

Opinion Ashcroft's moral stand out of line

Pothole Awaits Attorney General in Drive for Governor

POT-TV Internetwork

POT-TV Internetwork medmj

THE GREEN PAGES

The POTHUMOR.com Top Pimps

Tod Mikuriya

Yahoo! Groups legalizeweed

Yahoo! Groups freetheweed

Ya-Hooka_ Health_and_Medicinal

Marijuana.org

(Medical) Marijuana Info - Home

A Drug War Carol

cannabisnews.com Lawyer Takes High-Profile Role in MMJ Defense

County Of Marin District Attorney  -  District Attorney Medical Marijuana Policy

Marijuana Defense Lawyer

Marijuana.Com Marijuana, Weed, Pot & Cannabis Information and News regarding Legalization, Cultivation and Drug Testing

MarijuanaNews.Com, Freedom has nothing to fear from the truth

Mayflower Unlimited Andrew von Sonn Lawyer, Writer, Cartoonist

Medical Marijuana California Task Force Proposes Registration System; Hearing Set for July 13

Medical Marijuana in South Lake Tahoe - 123hemp.org

Medical Marijuana Protest at ONDCP- A Drug War Carol

MedicalMarihuana.ca Links

NORML Home

the care and feeding of your lawyer - Marijuana Growing

http://overgrow.com/edge/

The Compassion Club - Links

The KUBBY Files!

The Medical Marijuana Magazine

United States - California County's Plan Heightens Medical

US HI Doctors Have Right To Suggest Pot For Patients, Lawyer

Safe Access Now http://www.safeaccessnow.net/

http://www.igs.berkeley.edu/library/htMedicalMarijuana2003.html

Marijuana Policy Project

http://www.myspace.com/mymarijuana

American Civil Liberties Union : Government Cannot Punish Doctors Who Recommend Medical Marijuana, CA Court Says

CannabisLink.ca - Medical / Healing Information

US CA: Arrests Follow Searches in Medical Marijuana Raids

MEDICAL MARIJUANA DOCTORS AND ORGANIZATIONS

Medical Marijuana

Medical Marijuana Patients - NORML

Free Marvin Chavez Medical Marijuana Political Prisoner

Medical Marijuana in California

LP RELEASE: CA medical marijuana ruling

Medical Board of California - California Physicians & Medical Marijuana

420 Times Magazine Marijuana News and High Entertainment - CA: MEDICAL MARIJUANA COURT DATES

Medical Marijuana Info

Medical Marijuana / California Prop 215

http://www.chrisconrad.com/expert.witness/Prop215.html

CNN.com - Supreme Court allows prosecution of medical marijuana - Jun 6, 2005

Walant, Lamar - Medical Marijuana Physician - San Francisco, CA : Citysearch.com

Medical Marijuana FAQ

Marin Alliance For Medical Marijuana - cbcmarin.com

CA Cities Scramble to Regulate or Ban Medical Marijuana

the history of medical marijuana

cannabisnews.com: CA Rejects Subpoena for Medical Marijuana Records

Medical Marijuana Program

Medical Marijuana

Oakland CA medical Marijuana rules for Cultivation

www.onlinepot.org

The War on Medical Marijuana

Marijuana Delivery In San Francisco

Home - Veterans For Medical Marijuana (VFMM)

Medical Marijuana Policies

Hemp Evolution: Cannabis Activist Information & Marijuana Resources

Medical Marijuana Pros and Cons

Marijuana is BEAUTIFUL - Profile

Marijuana - Profile

NORML - Profile

Make A Vaporizer! - Profile

BOSA - Profile

UC Santa Cruz NORML/ SSDP - Profile

O.D. On Weed!! - Profile

 

 

 

California Marijuana Lawyer.com
The Moore Law Firm
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Our firm offers a free initial case interview.
(408) 298 2000
Law Offices of Moore Law Firm
24 Hour Hotline
1-800-609-1060

 

 

 

 

In defense of the accused,
selection of your lawyer, may make all the difference.

Finding a lawyer with a significant history of  successful defense and committed to winning  against an  arrest may be worth the effort. 

Specialty Legal defense
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California Marijuana Lawyers, Criminal Defense attorneys committed to defense of individuals accused of marijuana crimes, possesion, cultivation, sales, transportation, and all marijuana crimes.

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We are the Attorneys who successfully defended our client in the Medical Marijuana Jury Trial Defense of one person cultivating 377 marijuana plants
( believed to be a National and California State Record)

We emphasize helping individuals serious about getting assertive, yet dignified legal advice and representation in the fight against Government prosecution.

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Marijuana Attorneys defense in California. including: San Jose, Santa Clara, Palo Alto, San Mateo, Sunnyvale, Gilroy, Santa Cruz, Fremont, Hayward, San Francisco, South San Francisco, Redwood City, Sacramento, Fresno, Modesto ,and Monterey. Available for all California Courts

 

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Most everyone knows that it is always unwise to face a Criminal charge without the help of the best lawyer you can find. You know that a criminal charge is serious to you. Can you afford to take chances with your life, your employment, or your future?

Many people have entered guilty pleas in Criminal cases without realizing that they are giving up valuable legal rights, and that various legal defenses may be available to them. You want lawyers that are equipped to discover these defenses and successfully defend against a criminal arrest and charge. No one can ever give any guarantee of success, but your selection of a lawyer may be the most important decision you make to protect yourself. It can make all the difference.

The Moore Law Firm is available for Criminal defense in all California Courts.

Your decision is so important now . When you are accused of a crime, or face special concerns about a criminal record , now is the time to turn to a leader dedicated to aggressively protecting your rights.Get the help you need to protect you against prosecution and the consequences ,in your life, for criminal conviction.
Discover how experience, legal knowledge, skill and commitment to your personal situation can help you.

Consider the following items in selecting your lawyer

 

You might wish to consider the following things when selecting your lawyer:

1) Qualifications in Criminal defense and Civil Administration Hearings and Prosecutions

 

 

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Medical Marijuana in California

Medical Marijuana in California
Law and legal information presented by California Marijuana Defense Attorney Randy Moore of the Moore Law Firm, where you find the California Marijuana Lawyers, Criminal Defense attorneys committed to defense of individuals accused of marijuana crimes, possesion, cultivation, sales, transportation, and all marijuana crimes.
Specialty defense of Medical Marijuana patients,cultivators,and caregivers.

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