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Opinion of the Louisiana Attorney General says medical marijuana may be recommended by a doctor via telemedicine

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On January 6, it was Louisiana Attorney General issued Opinion Determine whether physicians are required to perform an in-person examination of a patient before recommending medical marijuana using telemedicine. Opinion after many months disagreement between individual members of the Louisiana State Legislature and the Louisiana State Board of Medical Examiners on whether to change 2022 to Medical marijuana laws in Louisiana It allows physicians to recommend or authorize therapeutic marijuana to their patients via telemedicine without first conducting an in-person visit.

In his opinion, the Louisiana Attorney General found that Louisiana laws “prevent LSBME from imposing any in-person visitation requirements before a doctor recommends therapeutic marijuana.” This means that under the Attorney General’s interpretation of the current law, physicians licensed in Louisiana can recommend therapeutic marijuana after a patient has been evaluated through telemedicine.

Although the Louisiana Attorney General’s opinions are not binding in the courts, they are compelling authority and can carry significant weight. This decision will make it easier for Louisiana-licensed physicians to use telemedicine to recommend therapeutic marijuana to their patients. At present, LSBME announces via notice on website It “will not take any enforcement action against a licensee who, prior to updating this notice, recommends medical marijuana without an initial in-person visit.” However, the LSBME indicated that it is considering further clarifications on the matter.

Providers should remain aware that the LSBME reserves the authority to regulate many requirements for physicians who prescribe marijuana to their patients, and regulations unrelated to the initial in-person visit requirement are not affected by the opinion. Providers should continue to monitor changes to LSBME regulations and policies.

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