Can doctors make medical marijuana recommendations over Skype?

Asked over 1 year ago - San Francisco, CA

In California, doctors make medical marijuana recommendations to patients (who then bring the card to dispensaries). Is it legal for these doctors to make these recommendations over Skype?

Attorney answers (4)

  1. Harry Edward Hudson Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . As marijuana use remains a federal crime, I suggest great caution in either the recommendation , use or sales of it . You should confer with an attorney who emphasiszes medical marijuana issues in j=his/her practice.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  2. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Although electronic medical records and prescriptions are usually allowed I have never seen any sent through Skype. There may be some privacy and confidentiality issues to over come in HIPAA

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  3. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Against Federal law which trumps state law.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  4. Kevin C. Murphy

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree with some of the aforementioned answers, specifically that I would advise against Skype prescriptions as the use of the internet may implicate Federal jurisdiction which would run afoul of the Federal prohibition against marijuana use for any reason. Also, I would advise against of such Skype prescribing practices for my healthcare clients b/c I think that their licensing agencies would frown upon such informal and remote diagnosis unless the patient had severe need and mobility restrictions.

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