On August 12, 2016, the federal Drug Enforcement Administration (DEA) announced that it would retain marijuana under Schedule 1 of the controlled substances regime – prohibiting most uses of this compound – because "marijuana does not have a currently accepted medical use in treatment in the United States or a currently accepted use with severe restrictions." Although many states have enacted legislation authorizing marijuana use for medicinal purposes, the recommendation of marijuana by a healthcare provider to a patient continues to raise issues under federal criminal laws. Adding to the recent confluence of relevant events, on August 16th, the U.S. Court of Appeals for the Ninth Circuit held that a section of a federal appropriations bill prohibits DOJ from prosecuting an alleged violation of federal controlled substances laws with respect to a person who is acting in strict compliance with the medical marijuana laws of a jurisdiction identified in the appropriations bill (40 states, 2 territories and the District of Columbia). In addition, the Federation of State Medical Boards (FSMB) has recently promulgated "Model Guidelines for the Recommendation of Marijuana in Patient Care," which are intended as a framework for state medical boards when regulating physicians and other licensees who recommend marijuana to patients for medical conditions. This Webinar will:
- Analyze the basis of the recent DEA decision, with a focus on the implications for pharmaceutical companies regarding the development of new drugs containing marijuana derivatives;
- Address the implications of the recent Ninth Circuit ruling;
- Walk through the extensive components of the new FSMB "Model Guidelines," including the potential for heightened state medical board regulatory oversight of physicians who recommend marijuana for medicinal uses;
- Discuss the challenges for healthcare institutions whose patients may seek or demand that staff physicians recommend marijuana for medicinal use, and explore potential ways to identify and mitigate these risks.
You do not have to be a client to attend, and there is no charge.
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Questions
If you have questions concerning this Roundtable Webinar, e-mail lifesciences-healthcare@kslaw.com.