Legal Question in Medical Malpractice in California

Is it legal for a physician to prescribe narcotics to a patient when they know the patient is smoking marijuana (not prescribed by them)


Asked on 6/08/10, 6:39 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

By narcotics I will assume you mean the dictionary definition which would include pain medication containing codeine, oxycodone or other opioids. I don't understand how a physician would be doing anything illegal or improper by prescribing pain medication to a patient who needs it, whether or not the patient is a marijuana user. The fact that the patient might be using marijuana does not necessarily lead to the conclusion either that the patient would abuse needed pain medication -- or that the patient is seeking pain medication in order to abuse it. If anything, the patient's candor in telling the physician about his or her marijuana use adds to the patient's credibility as to other aspects of his or her medical history, such as complaints of pain.

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Answered on 6/08/10, 9:59 pm


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