Our Rights to Medicine:

The Constitution, The Compassionate Use Act of California,

and The Affordable Care Act

Any American can have safe access to the medicines they need if they follow a few simple guidelines. Here’s how certain laws work together to allow anyone to see a California doctor and get a California Medical Cannabis Recommendation.

There are three sections in law to consider:

1) Article IV, Section 1 of the U.S. Constitution states: “Full Faith and Credit shall be given in each State to the Public Acts, Records, and Judicial Proceedings of every other State. And the Congress may by general Laws prescribe the manner in which such Acts, Records and Proceedings shall be proved, and the effect thereof.” Essentially, this ensures that states respect and honor the state laws and court orders of other states, even when their own laws are different. That’s how your driver’s license is a valid ID in every other state, not just your own.

2) The Compassionate Use Act of 1996, a California Law, allows patients, with a valid recommendation from a California physician, to use medical marijuana to treat various ailments and conditions. It is also known as Prop 215.

3) Under a provision of the Affordable Care Act (ACA), patients can see their doctors through telemedicine services from the privacy of their homes. It allows health care professionals to evaluate, diagnose and treat patients at a distance using telecommunication technology. Internet based video conference calls enable doctors to write prescriptions and recommendations for patients in a legal and accepted way, without leaving home.

The effect these provisions of law have in relation to each other is to allow medical patients to seek out doctors in any state for their health-care needs. Just as Americans can choose to see out-of-state medical specialists and travel to visit them in person, they can also decide to see a medical specialist from another state using legally acceptable telemedicine technologies and instead visit them remotely, receiving the same care they would with an in-person visit.

Therefore, California-based telemedicine physician services are available to everyone and, legally, under the provisions of the ACA, it would be the same as the patient traveling to California to see the doctor in person. The process involves a teleconference appointment with a California doctor who will evaluate you, give you a treatment plan, a physical medical cannabis card, and a signed recommendation. For the doctor appointment, medical card, and recommendation, the costs can vary. After the recommendation is emailed to you, you can then join a collective, such as Grasshopper, and order your medicine. You, the patient, are responsible for keeping your medical recommendation up to date. Renewal is once a year.

Previously, in order to be in compliance with California state laws, every patient had to obtain a doctor’s recommendation from a California licensed physician. This legally made you a California patient under the protection of the Compassionate Use Act. We still encourage and accept these telemedicine prescribed certificates. However, a growing number of states Departments of Health are now offering their own state-run recommendation programs, and we accept those certificates as well.

As with all medicine, your medicine is not for resale or distribution, keep out of reach of children and pets, do not drive or operate heavy machinery, and do not share your medicine. Please medicate responsibly.

Grasshopper ships directly to patients’ homes in non-descript packaging without labels indicating the contents of the package, thereby protecting each patient’s privacy. Have questions? We’re happy to help you. Email us at info@grasshoppermarket.com

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