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NIATTIIEvV S. PAPPi'\S
E-MAIL: OFFICE@Iv!ATTPAPPASLAW.COM
VIA U.S. MAIL AND E-MAIL
A'l'TORNEY
1719 E. BROADWAY LONG BEACH, CA 90802
May 22,2015
Lieutenant Governor Gavin Newsom State Capitol, Suite 1114
Sacramento, CA 95814
Re: 2016 California Marijuana Ballot Initiatives and AB 266
(Cooley/Lackey)
Dear Lt. Governor Newsom:
(949) 382-1485 FACSIMILE: (949) 382-1512
In meetings held by your Blue Ribbon commission on marijuana
legalization, the differences between medical and recreational
marijuana have been discussed. As you'll recall, I was successful,
with your help, in having numbers of federal asset forfeiture cases
dismissed with prejudice by the federal sovereign in 2013. To
ensure the "black market" concerns raised by the commission are
addressed by any legislation that moves forward, I ask that you
please consider that any initiative or proposed law, including now
pending AB 266, incorporate the following or similar language:
"For purposes of sections 51 and 54 of the Civil Code and
sections 12940, 12945 and 12945.2 of the Government Code, people
who have been recommended marijuana for medicinal use by a licensed
physician pursuant to the provisions of Health & Safety Code
11362.5 and who suffer from a physical or mental condition covered
by sections 11362.7(h)(1)-(11) of the Health & Safety Code are
hereby deemed disabled individuals and meet the definition of a
person with a disability under sections 12926 and 12926.1 of the
Government Code. "
"Any health insurance entity doing business in the State of
California is prohibited from refusing to credential or taking
action against an already credentialed licensed California
physician based solely on the physician's recommendation of
marijuana for medicinal purposes to patients who, following
examination by the physician, have the conditions enumerated in or
otherwise meet the requirements of sections 11362.7(h)(1)-(11) of
the Health & Safety Code. Within six (6) months of the
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Lieutenant Governor Gavin Newsom May 23, 2015 Page Two
enactment of this section, health insurance entities in the
State of California shall notify affiliated and credentialed
physicians that they may recommend medical cannabis in accordance
with state law and that such recommendation shall not, when made in
accordance with these provisions, result in action against the
physician by the insurance entity. "
"Health insurance entities, including worker's compensation
insurance entities, doing business in the State of California,
excluding the federal Medicare program, shall not deny
reimbursement to patients they cover in accordance with the plan
and co-payment provisions of any policy issued that includes
coverage for prescription drugs for marijuana recommended by a
licensed physician who is either credentialed by and designated as
the primary care physician for the subject patient or who is a
specialist the subject patient has been referred to by such primary
care physician. Any reimbursement made under this section for
marijuana recommended for medicinal use shall be subject to the
co-payment and deductible provisions of the insurance policy
applicable to prescription drug reimbursement. "
"Drug and alcohol rehabilitation or treatment entities licensed
to do business in the State of California or that do business in
the State of California and provide care or services in states
outside of California for California citizens shall not penalize a
patient or otherwise treat a patient in a more restrictive manner
when the patient has been recommended and uses marijuana for
medicinal purposes pursuant to recommendation by a licensed
California physician made pursuant to Health & Safety Code
11362.5."
"Courts in the State of California making orders related to the
custody or dependency of a minor child shall not penalize or
consider use of marijuana by an individual recommended its use by a
licensed physician pursuant to Health & Safety Code 11362.5
when evaluating the individual's right to custody, visitation or
any other parental rights related to the minor child."
"A licensed California physician may recommend medical cannabis
to a minor child following physical examination of the child and
determination by the physician that the child suffers from a
physical or mental condition enumerated in or otherwise should be
recommended cannabis for medicinal purposes under sections
11362.7(h)(I)-(11) of the Health & Safety Code."
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Lieutenant Governor Gavin Newsom May 23, 2015 Page Three
The aforementioned provisions ensure that marijuana recommended
for medical purposes will be part of any health care regimen a
doctor believes is necessary for specific patients. By removing the
ability of health insurance organizations to discriminate against
doctors who recommend medical cannabis to patients, doctors who may
not be acting in accordance the Compassionate Use Act and who have
given up insurance company credentials and reimbursement will have
to compete with the many physicians who presently will not
recommend medical cannabis because of fears their credentials will
be imperiled. Moreover, by prohibiting health insurance companies
from denying reimbursement for medical cannabis patients
recommended marijuana for medicinal purposes by physicians
credentialed by those companies, the size of the "black market"
discussed by the commission during its meetings will be
significantly reduced.
MSP:jm
Very truly yours,
t L " J~ ./ ~/~~tA'V"~ Mattliew S. Pappas
cc: Cal. Assembly Members Cooley and Lackey Ret. Dep. Chief
Steve Downing, L.A.P.D. Ms. Tamara Todd, Drug Policy Alliance Mr.
Kevin Saunders
