Can I Prescribe Medical Marijuana? | Client Questions

Can I Prescribe Medical Marijuana?


Question: Can I prescribe Medical Marijuana?

Answer: No; A physician can only recommend the use of medical marijuana for qualifying conditions, depending upon the state.


November 5th, 1996 California passed Prop 215, adding cannabis for medical purposes, where the medical use is deemed appropriate and recommended by a physician who determined the person’s health would benefit from the use, in the treatment of cancer, anorexia, AIDS, chronic pain, glaucoma, or any other illness for which cannabis provides relief. Additionally, it ensures that patients and their primary caregivers who obtain and use cannabis for medical purposes upon the recommendation of physicians aren’t subject to prosecution or sanction.

Many different states and Washington DC have legalized Medical Marijuana over the years. Each state has different rules and regulations for physician recommendations, as well as possession limits for patients, plus whether or not a physician can even recommend.

Check out the full list of states with legalized medical marijuana below.

State-By-State Medical Marijuana (29 States)

StatePossession LimitLaw Passed Year
Alaska1 oz usable; 6 plants (3 mature, 3 immature) Ballot Measure 81998
Arizona2.5 oz usable; 12 plants Proposition 203 2010
Arkansas3 oz usable per 14-day periodBallot Measure Issue 6 2016
California8 oz usable; 6 mature or 12 immature plants Proposition 215 1996
Colorado2 oz usable; 6 plants (3 mature, 3 immature) Ballot Amendment 202000
Connecticut2.5 oz usable House Bill 53892012
Delaware6 oz usable Senate Bill2011
FloridaAmount to be determinedBallot Amendment2016
Hawaii4 oz usable; 7 plantsSenate Bill 8622000
Illinois2.5 ounces of usable cannabis during a period of 14 days House Bill 12013
Maine2.5 oz usable; 6 plantsBallot Question1999
Maryland30-day supply, amount to be determined House Bill 8812014
Massachusetts60-day supply for personal medical use (10 oz) Ballot Question 32012
Michigan2.5 oz usable; 12 plants Proposal 12008
Minnesota30-day supply of non-smokable marijuana Senate Bill 24702014
Montana1 oz usable; 4 plants (mature); 12 seedlingsInitiative 1482004
Nevada2.5 oz usable; 12 plants Ballot Question 92000
New HampshireTwo ounces of usable cannabis during a 10-day period House Bill 5732013
New Jersey2 oz usable Senate Bill 1192010
New Mexico6 oz usable; 16 plants (4 mature, 12 immature) Senate Bill 5232007
New York30-day supply non-smokable marijuana Assembly Bill 63572014
North Dakota3 oz per 14-day periodBallot Measure 52016
OhioMaximum of a 90-day supply, amount to be determined House Bill 5232016
Oregon24 oz usable; 24 plants (6 mature, 18 immature) Ballot Measure 671998
Pennsylvania30-day supply Senate Bill 32016
Rhode Island2.5 oz usable; 12 plantsSenate Bill2006
Vermont2 oz usable; 9 plants (2 mature, 7 immature) Senate Bill2004
Washington8 oz usable; 6 plants Initiative 6921998
Washington, DC2 oz driedAmendment Act B18-6222010
West Virginia30-day supply (amount TBD)Senate Bill 3862017

Marijuana State Laws – Summary Chart from

Medical Board

Each state has its own Medical Board guidelines for the physician recommendation process. Be sure to check with your respective state to see if you are acting within the scope of practice as there may be qualifying conditions.

For instance, Florida’s Board of Medicine stipulation for the Florida Compassionate Medical Cannabis Act requires the following (as of July 2017):

  1. Physician diagnoses qualifying condition
  2. Treats patient for 3 months
  3. Treatment plan: U of FL College of Pharmacy
  4. Physician enters order in registry
  5. Patient fills order at approved dispensary

Florida’s Qualifying Conditions:

  • Cancer
  • Epilepsy
  • Chronic Seizures
  • Chronic Muscle Spasms
  • Terminal conditions (Full-potency)

Can Physicians Prescribe Medical Marijuana?


Your next question may be, does your Medical Professional Liability coverage apply to your exposures in recommending Medical Marijuana to patients? Let’s discuss your options, give us a call directly at 1-800-317-6411 or email us at 






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