Louisiana Attorney General Opinion Says Medical Marijuana May Be Recommended by Physician via Telemedicine

On Jan. 6, the Louisiana Attorney General issued an opinion addressing whether physicians are required to conduct an in-person examination of a patient before recommending medical marijuana using telemedicine. The opinion follows a months-long disagreement between individual members of the Louisiana State Legislature and the Louisiana State Board of Medical Examiners over whether a 2022 change to Louisiana’s medical marijuana laws permits 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 visit requirement prior to a physician recommending therapeutic marijuana.” This means that, under the Attorney General’s interpretation of current law, Louisiana-licensed physicians can recommend therapeutic marijuana after evaluating a patient through telemedicine.

Though Louisiana Attorney General opinions are not binding in the courts, they are persuasive authority and can carry substantial weight. This decision will make it easier for physicians licensed in Louisiana to use telemedicine to recommend therapeutic marijuana for their patients. At present, the LSBME is stating via a notice on its website that it “will take no enforcement action against a licensee who, prior to an update of this notice, recommends medical marijuana without an initial in-person visit.” However, the LSBME has indicated that it is considering further clarifications on this issue.

Providers should still be mindful that the LSBME retains authority to regulate many requirements for physicians recommending marijuana to their patients and regulations unrelated to the initial in-person visit requirement are unaffected by the opinion. Providers should continue to monitor changes to LSBME regulations and policies.

Please contact Beau Haynes, Matt Harrell or any member of Phelps’ Health Care team if you have questions or need advice and guidance.