PHYSICIAN DEFENDS MEDICAL MARIJUANA RECOMMENDATIONS TO MEDICAL BOARD OF CALIFORNIA

Tod Mikuriya, M.D., a psychiatrist for over 30 years, is a leading authority on medical marijuana. Working under the protection of the Health and Safety Code section 11362.5, which states, "notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right of privilege, for having recommended marijuana to a patient for medical purposes," Mikuriya has recommended 7,000 patients to use medical marijuana for a number of physical and emotional ailments since Proposition 215 passed in 1996.

Certain law enforcement and deputy district attorneys feel that 7,000 is too many and have brought several complaints to the Medical Board of California, which has the power to strip Mikuriya of his license.

Of note, the complaints have not included any alleges of harm to patients; not one patient, physician, or health care provider has complained; and Mikuriya has pushed the medical board to develop guidelines for physicians who recommend medical marijuana, even introducing a resolution in February, without success.

In an effort to defend himself, Mikuriya has filed a motion to dismiss the charges brought against him. If the motion fails, an Oakland courtroom will be the venue for his defense against allegations in 17 cases that he "departed from the standard of care"

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