In 2013, the state of Illinois passed the Compassionate Use Act, which allowed the use of medical marijuana for patients suffering from certain medical conditions who received certification from their physician. In 2019, the state amended the law to also include certification by advanced practice registered nurses (APRN) and other healthcare professionals other than physicians. The law has specific guidelines that healthcare professionals must abide by when issuing medical marijuana recommendations to patients and failure to follow these rules could result in disciplinary action by the Illinois Medical Board and/or other consequences.
Certifying Patients
Healthcare professionals who certify patients for medical marijuana use already walk a fine line with federal marijuana laws. It is illegal for a doctor or any other medical professional to prescribe cannabis in any form to a patient under federal law because of its classification as a Schedule 1 drug and, under the current federal law, prescribing marijuana for a patient could be deemed aiding and abetting the patient in obtaining the drug.
This is why healthcare professionals make recommendations to patients and not prescribe the drug. And while the legal risk of certifying patients is fairly low (In 2013, the DOJ stated that their attorneys would no longer pursue legal action against healthcare professionals for medical marijuana certifications), it is still important for healthcare professionals who do certify to be aware that federal laws have not caught up to state laws.
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