§ 7–1671.04. Recommending authorize practitioner; protections.

(a) An authorized practitioner may recommend the use of medical marijuana to a qualifying patient if the authorized practitioner:

(1) Is in a bona fide relationship with the qualifying patient; and

(2) Makes the recommendation based upon the authorized practitioner's assessment of the qualifying patient’s medical or dental history, current medical or dental condition, and a review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment.

(b)(1) An authorized practitioner's recommendation that a qualifying patient may use medical marijuana shall be signed by the authorized practitioner and include:

(A) The authorized practitioner's board-issued license number; and

(B) A statement that the use of medical marijuana is necessary for the treatment of a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment.

(2) An authorized practitioner's recommendation shall be valid only if it is written on a form prescribed by ABRA.

(c) Except as provided in § 7-1671.07, a physician [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 marijuana or recommending the use of medical marijuana to a qualifying patient pursuant to this chapter and the rules issued pursuant to § 7-1671.13.

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