An amount in excess of 6 plants or 2 ozs. may now be recognized, but please read this carefully and understand that medical confidentiality is waived.
(10) Affirmative defense. IF A PATIENT OR PRIMARY CAREGIVER
RAISES AN AFFIRMATIVE DEFENSE AS PROVIDED IN SECTION 14 (4) (b) OF
ARTICLE XVIII OF THE STATE CONSTITUTION, THE PATIENT'S PHYSICIAN
SHALL CERTIFY THE SPECIFIC AMOUNTS IN EXCESS OF TWO OUNCES THAT ARE
NECESSARY TO ADDRESS THE PATIENT'S DEBILITATING MEDICAL CONDITION
AND WHY SUCH AMOUNTS ARE NECESSARY.
A PATIENT WHO ASSERTS THIS
AFFIRMATIVE DEFENSE SHALL WAIVE CONFIDENTIALITY PRIVILEGES RELATED
TO THE CONDITION OR CONDITIONS THAT WERE THE BASIS FOR THE
RECOMMENDATION. IF A PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN
RAISES AN EXCEPTION TO THE STATE CRIMINAL LAWS AS PROVIDED IN
SECTION 14 (2) (b) OR (c) OF ARTICLE XVIII OF THE STATE CONSTITUTION,
THE PATIENT, PRIMARY CAREGIVER OR PHYSICIAN WAIVES THE
CONFIDENTIALITY OF HIS OR HER RECORDS RELATED TO THE CONDITION OR
CONDITIONS THAT WERE THE BASIS FOR THE RECOMMENDATION MAINTAINED
BY THE STATE HEALTH AGENCY FOR THE MEDICAL MARIJUANA PROGRAM.
UPON REQUEST OF A LAW ENFORCEMENT AGENCY FOR SUCH RECORDS, THE
STATE HEALTH AGENCY SHALL ONLY PROVIDE RECORDS PERTAINING TO THE
INDIVIDUAL RAISING THE EXCEPTION, AND SHALL REDACT ALL OTHER
PATIENT, PRIMARY CAREGIVER, OR PHYSICIAN IDENTIFYING INFORMATION.
Department of Revenue - Enforcement Group:Laws and Regulations