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Can doctors make medical marijuana recommendations over Skype?

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

Posted

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.

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Posted

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 relationship as this forum does not provide for a confidential communication.

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Posted

Against Federal law which trumps state law.

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Posted

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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