Recommending physician; protections

(a) A physician may recommend the use of medical marijuana to a qualifying patient if the physician: (1) Is in a bona fide physician-patient relationship with the qualifying patient; and (2) Makes the recommendation based upon the physician’s assessment of the qualifying patient’s medical history, current medical condition, and a review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical condition or the side effects of a qualifying medical treatment. (b)(1) A physician’s recommendation that a qualifying patient may use medical marijuana shall be signed by the physician and include: (A) The physician’s medical license number; and (B) A statement that the use of medical marijuana is necessary for the treatment of a qualifying medical condition or the side effects of a qualifying medical treatment. (2) A physician’s recommendation shall be valid only if it is written on a form prescribed by the Mayor. (c) Except as provided in § 7-1671.07, a physician shall not be subject to any penalty, including arrest, prosecution, or disciplinary proceeding, or denial of any right or privilege, for advising a qualifying patient about the use of medical marijuana or recommending the use of medical marijuana to a qualifying patient pursuant to this chapter and the rules issued pursuant to § 7-1671.13. (d) A physician recommending the use of medical marijuana by a qualifying patient shall not have a professional office located at a dispensary or cultivation center or receive financial compensation from a dispensary or cultivation center, or a director, officer, member, incorporator, agent, or employee of a dispensary or cultivation center.