Law Times: Medical Marijuana Litigation in The Spotlight

With the legalization of recreational marijuana pending, a recent decision shows that health care disciplinary bodies, professionals and lawyers are still dealing with issues of medical marijuana regulation.

With the spotlight on recreational cannabis, there may be more professional disciplinary cases that emerge from the way cannabis clinics handle patients, says Lonny Rosen.

“With the proliferation of both recreational cannabis dispensaries and medical cannabis clinics, a patchwork of federal, provincial and municipal legislation regulating cannabis, and the unprecedented media and popular culture interest in all things cannabis, confusion about the role of health care providers in the prescription and dispensing of cannabis is likely inevitable,” Rosen says.

Such confusion is likely to generate more complaints against health professionals, Rosen says, and as a result, more disciplinary proceedings are likely to emerge from the dispensing of cannabis in or related to the health care setting.

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