Maine Doctor Reprimanded for Marijuana Permission Slip to Patient Employer




Both Maine and New Hampshire have medical marijuana programs that allow individuals with debilitating medical conditions to lawfully obtain medical marijuana. Still, the power of employers to routinely drug test employees has largely gone unchallenged, and companies are generally free to write their own drug policies.

As far as the liability of doctors, generally the risk doctors take on in these states is low. State enforcement is also relatively lax, but there have been cases of physicians losing their medical license for writing certifications for medical marijuana to patients that were either improper or in some way unsafe. And that essentially seems to be the issue here: Not that the doctor wrote a note indicating he had recommended marijuana for his patient, but that he reportedly did so for reasons that didn’t appear to be medically legitimate and that he is said to have done so at the risk of his patient’s own safety, given her history as a drug abuser.

Patient in this case suffered from several psychiatric diagnoses and had a 15-year history of chemical dependency on opioids. The court records indicate this physician had treated the patient during that time.

The doctor’s actions, the board alleged, violated RSA 329:17, specifically provisions on engaging in dishonest or unprofessional conduct in the practice of medicine and also failure to maintain adequate medical records on diagnostic or therapeutic treatment or unreasonably delayed the transfer of medical records.

Our L.A. marijuana attorneys know that in these hearings before the state board of medicine, the counsel and guidance of an experienced attorney is critical.


Additional Resources:

Maine doctor reprimanded after writing pot permission slip to patient’s employer, Aug. 15, 2016, New Hampshire Union Leader

More Blog Entries:

Marijuana Legalization and Employer Drug-Testing Policies, Aug. 4, 2016, L.A. Medical Marijuana Lawyer Blog