Sacramento, CA: The purchase of medicinal cannabis by state-authorized patients is a “bona fide” medical expense and may be covered in part by California’s Medical Assistance program (Medi-Cal), according to a decision released last week by the director of the California Department of Health Services (DHS).
The plaintiff in the case, who uses medical cannabis under her physician’s supervision to alleviate symptoms of lupus and reflex sympathetic dystrophy (RSD), sought financial reimbursement from the state’s medical assistance program for several thousand dollars of expenses she incurred in 2003 and 2004 from the purchase of medicinal marijuana.
Writing on behalf of the DHS, director Sandra Shewry determined that the expenses incurred by the plaintiff should be reimbursed by the agency. “State law recognizes the medical use of marijuana,” she wrote. “When used consistent with the Compassionate Use Act of 1996 and [the] Medical Marijuana Program Act, DHS considers medical marijuana [to be] a bona fide medical expense.”
The Office of Legal Affairs of the Drug Policy Alliance (DPA) offered legal assistance in the case.
For more information, please contact Keith Stroup, NORML Legal Counsel, at (202) 483-5500 or visit: http://www.drugpolicy.org/news/092906mmj.cfm.