The Second Appellate District affirmed a judgment. The court held that a federal civil rights action against the California Medical Board and its officers who investigated a physician’s possible abuse of the Marijuana Compassionate Use Act was barred by absolute and qualified immunity.
A park ranger encountered a “medical marijuana patient,” Nathan, who possessed marijuana and paraphernalia (two glass pipes). Nathan claimed that he was medically certified to use marijuana under the Marijuana Compassionate Use Act of 1996 (CUA), Health & Saf. Code §11362.5. Nathan produced a letter from David Bearman, a physician. The letter, approving/recommending marijuana use, mentioned attention deficit disorder.
