California NORML and our supporters worked hard in 2022 to sponsor and pass AB 1954, to protect medical marijuana patients against discrimination by their doctors. This was in response to numerous complaints we received from patients, particularly those in the Kaiser Healthcare system, telling us that their doctors were drug testing them and denying them care—including opioid prescriptions and other medicines—if they tested positive for cannabis.</p
Our bill became law on January 1, 2023 (BPC 2228.5), prohibiting physicians and health plans to have policies denying medical treatment to qualified patients with a recommendation to use medical marijuana. The only exception is if a clinical determination is made on a case-by-case basis that a “medically significant” contraindication exists. The law further states, “The use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in the evaluation described.” See a Fact Sheet about the law.
Unfortunately, we have continued to receive complaints from Kaiser patients who are being denied health care for using cannabis since the law took effect. This seems to impact pain patients the most, despite numerous studies demonstrating that the use of cannabis can lessen a patient’s need for prescription painkillers, and that access to medical cannabis lessens the rate of opiate abuse and overdose. Kaiser continues to drug test pain patients and prohibit its doctors from prescribing certain medicines if a patient tests positive for cannabis as a blanket policy, in direct violation of the law.
Cal NORML is working on a letter to Kaiser demanding they change their policy in accordance with state law, for which we need a critical mass of patients to act in unison with a single legal representative.
IF YOU HAVE BEEN DENIED MEDICAL CARE BY A KAISER DOCTOR DUE TO CANNABIS USE, WE WOULD LIKE TO INCLUDE YOU IN OUR EFFORT TO CHANGE KAISER’S POLICY. PLEASE WRITE TO [email protected] WITH THE DATE AND OTHER DETAILS ABOUT WHEN YOU WERE DISCRIMINATED AGAINST BY KAISER.
