California Business and Professions Code

§ 2228.5

BPC § 2228.5 Effective Jan 1, 2023Div. 2 · Ch. 5 · Art. 12

Statute text

(a)A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes, but is not limited to, a determination that the qualified patient’s use of medical cannabis is medically significant to the treatment or medication.

(b)The use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in the evaluation described in subdivision (a).

(c)No physician and surgeon shall be punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient within the requirements of this section and consistent with the standard of care.

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Legislative history

Added by Stats. 2022, Ch. 232, Sec. 1. (AB 1954) Effective January 1, 2023.