Medical Marijuana patients with a letter of recommendation from a doctor to consume medical marijuana could still be breaking the law and denied their medication by their local dispensary because their Medical Marijuana Doctor does not have a fictitious name filing with the California Medical Board.
June of 2011 the California Medical Board sent an announcement to dispensaries across California informing the dispensaries that it is their responsibility to verify that the recommending doctor is practicing legally by making sure they have a fictitious name filing with the California Medical Board. Below are the two letters from the medical board.
Attention Dispensaries How to verify a medical marijuana clinic State and consumer services agency Department of Consumer Affairs Edmund G. Brown, Jr., Governor
Medical board of California Licensing Program June 14, 2011
It has come to the attention of the California Medical Board that there are a wide variety of medical marijuana evaluation clinics that are operating in an unlicensed capacity, which is clear violation of state of California law, and is an offense punishable by criminal prosecution, fines, incarceration and loss of all ca medical licenses. The state of California Medical Board is currently investigating all unlicensed and illegal medical marijuana clinics who are issuing marijuana recommendations to patients in violation of California law.
The law clearly states that not only is the physician required to have their medical license renewed and current, but the clinic where patients are being seen is also required to have renewed and current factious name permit.
As a matter if California Law it is your legal obligation to educate your volunteers and your patients and to ensure that the medical marijuana clinic where they receive their recommendations:
1. Are Operating legally;
2. Are licensed to practice medicine in the State of California by evidencing a renewed and current factious name permit license number,
3. Are in compliance with State of California Medical Board rules and regulations as well as in compliance with California Law.
Only a licensed California physician can own, control and operate a medical clinic (I.e., practice). It is against California law, for lay people (I.e. unlicensed persons) to operate, own, control, a medical clinic. The law clearly states that the medical clinic must be organized as a Professional California Corporation which can only be obtained from the State of California by a licensed physician.
If a lay person (I.e., unlicensed person) is known to or represents that they own, control and/or operate a medical practice, they will be criminally prosecuted to the fullest extent of California law.
It is your legal obligation to verify every medical marijuana clinic:
As required by California law Proposition 215 & SB 420 it is your legal duty to verify every recommendation for every patient prior to allowing that patient entry into your dispensary. If a patient does not have a valid recommendation, they cannot enter and obtain medication.
It is your legal obligation and legal responsibility to verify every medical marijuana clinic to make sure that they are licensed and operating legally in order to protect patients and to ensure that illegal medical marijuana clinics stop operating and stop endangering the lives and health of patients who seek medical help for their medical problems and believe that they are visiting a legal and licensed medical marijuana clinic.
State and Consumer Services Agency – Department of Consumer Affairs Edmund G. Brown, Jr., Governor Medical Board of California Licensing Program June 14, 2011
How to Verify If a Medical Marijuana Clinic/Medical Marijuana Doctor Is Licensed To Practice Medicine in the State Of California
1. When does a medical marijuana clinic need a fictitious name permit?
a. If you are a licensed physician and surgeon, practicing under a fictitious, false or assumed name in any public communication, advertisement, sign or announcement. Example: “Malibu Beach Physicians”.
2. How do I verify a medical marijuana clinic or Medical Marijuana Doctor to make sure they are legally licensed to practice medicine in the state of California?
A. Please visit: http://www.mbc.ca.gov
B. Then please click on the licensees tab on top or go to: http://www.mbc.ca.gov/Breeze/License_Verification.aspx
C. On the left side (Quick Links) please click on fictitious name permit or go to: https://www.breeze.ca.gov/datamart/searchByLicNumber.do?clientCode=8008
D. Click on name search for fictitious name permit:
E. Enter the exact name of the medical marijuana clinic as advertised in the business name field to search for a valid fictitious name permit, meaning that the fnp permit is (I.e., License Renewed & Current); Example: “Malibu Beach Physicians”.
I. If your search reveals the exact name of "Malibu Beach Physicians" as advertised by the medical marijuana clinic and the fnp licensed in renewed and current, this constitutes a legal medical marijuana clinic;
Ii. If your search does not reveal the exact name as advertised and no records returned is the result and that evaluation center does not have a fnp license renewed & current, that means that this medical practice is operating illegally and in clear violation of California law and California Medical Board rules and regulations;
Iii. Such illegal and unlicensed medical clinics marijuana clinics will be investigated and criminally prosecuted to the fullest extent of the law;
Iv. Furthermore, all recommendations that are issued by illegal and unlicensed medical marijuana clinics will be revoked without notice.
In closing, recommendations issued by unlicensed/illegal medical marijuana clinics are invalid and will be revoked. It is estimated that over 100,000 patients in the State of California have been issued recommendations by illegal and unlicensed medical marijuana clinics.
For further questions, call the State of California Medical Board Licensing Program at (916) 263- 2382 or (800) 633-2322.
State and Consumer Services Agency – Department of Consumer Affairs Edmund G. Brown, Jr., Governor
Medical Board of California Licensing Program June 11, 2011
Please also note that our FNP is posted in our office.