2/23/16 The Arizona Medical Marijuana Act (AMMA) bars forgery prosecution of a physician for falsely certifying they have reviewed the patient’s medical history.
The Arizona Medical Marijuana Act (AMMA) allows a person to obtain a Marijuana Medical Card if a physician issues a written certification that a patient has a “debilitating medical condition.” Arizona Department of Health Services (DHS) require the physician to use a form which in part certifies they have reviewed the past 12 months of the patient’s medical records from other treating physicians. A physician issued a certification without reviewing a patient’s 12-month history and therefore the State indicted the physician for forgery because he falsely said he had reviewed the records when he had not. The court of appeals in State v. Gear, said AMMA bars criminal prosecution for physicians for actions taken when issuing patient certifications, however, physicians may be subject to professional discipline by the Board of Medical Examiners if they issue false certificates.
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