Court upholds immunity for doctors who recommend marijuana

Dr. Robert Gear
Dr. Robert Gear

By Howard Fischer | Capitol Media Services/Arizona Daily Star

Doctors who recommend marijuana to patients can’t be charged with crimes, even if they did not follow the procedures required by law, the Arizona Court of Appeals ruled Thursday.

The judges acknowledged that Robert Gear, a Phoenix naturopath with offices in several communities, was charged with recommending the drug to a patient without having access to 12 months of her medical records, as required by law.

Gear was indicted for forgery and fraudulent schemes after saying on a form required by the Department of Health Services he had, in fact, seen those records.

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