Medical Marijuana Legalized in Connecticut: Will More Problems Develop for Doctors, Pharmacists?

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The use of marijuana for medical reasons has been legalized in Connecticut. The state’s governor signed into law HB 5389 on May 31, 2012, which allows licensed physicians to certify a patient’s use of marijuana for medical purposes. Connecticut is the 17th state to legalize marijuana for medical use.

To view Connecticut HB 5389, click here.

Medical Marijuana Legislation in Connecticut Imposes Restrictions on Patients.

The new law outlines restrictions to prevent abuse of the substance. Patients and caregivers in Connecticut must register with the Connecticut Department of Consumer Protection. In addition, a doctor must certify there is a medical need for marijuana to be dispensed. HB 5389’s qualifying medical conditions are cancer, glaucoma, HIV, Parkinson’s, multiple sclerosis, spinal cord injuries causing spasticity, epilepsy, Crohn’s disease, and PTSD. The Connecticut Department of Consumer Protection is authorized to add additional medical conditions.

Special License Needed for Pharmacists to Dispense Marijuana for Medical Use.

According to HB 5389, only a pharmacist with a special license can dispense medical marijuana. Pharmacists can obtain marijuana from licensed producers, who will pay an application fee of at least $25,000.

Majority of HB 5389 Provisions are Effective October 1, 2012.

The majority of the bill will go into effect on October 1, 2012, including a provision to allow patients to obtain a temporary registration to possess marijuana while the department implements the remainder of the act.

New Legislation Could Mean More Issues for Physicians, Pharmacists.

The passing of HB 5389 could mean more issues for physicians and pharmacists in Connecticut. Because the bill places many restrictions on the medical use of marijuana, the state may closely monitor the actions of physicians and pharmacists who prescribe and dispense medical marijuana.

Contact Experienced Health Law Attorneys.

The Health Law Firm routinely represents pharmacists, pharmacies, physicians, nurses and other health providers in investigations, regulatory matters, licensing issues, litigation, inspections and audits involving the DEA, Department of Health (DOH) and other law enforcement agencies. Its attorneys include those who are board certified by The Florida Bar in Health Law as well as licensed health professionals who are also attorneys.

To contact The Health Law Firm, please call (407) 331-6620 or (850) 439-1001 and visit our website at www.TheHealthLawFirm.com.

Sources Include:

Clark, Mary Ellen. “Connecticut is the 17th State to Legalize Marijuana for Medical Use.” Reuters. (June 1, 2012). From http://www.reuters.com/article/2012/06/01/us-usa-marijuana-connecticut-idUSBRE85018X20120601

About the Author:  George F. Indest III, J.D., M.P.A., LL.M., is Board Certified by The Florida Bar in Health Law.  He is the President and Managing Partner of The Health Law Firm, which has a national practice.  Its main office is in the Orlando, Florida, area.  www.TheHealthLawFirm.com  The Health Law Firm, 1101 Douglas Ave., Altamonte Springs, FL 32714, Phone:  (407) 331-6620.

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