This could apply to any drug that is legal for a certain purpose in one state of the US, but illegal for that purpose in another state. However, the case I have in mind is mifepristone and misoprostol. These drugs are prescription-only in the US, and they have uses such as treating Cushing's disease and stomach ulcers, as well as inducing an abortion. Because state abortion laws vary, I imagine that it could already be illegal to use these drugs under certain conditions in certain states, and in any case we will probably see by the summer of 2022 that abortion is completely illegal in many states.
Suppose that a woman lives in Mississippi, where it's illegal to use a certain drug for a certain purpose. She makes a telehealth appointment with a doctor in California, where it's legal to use that drug for that purpose. The doctor prescribes her the pill, and she orders it from a mail-order pharmacy in California. Can anybody be prosecuted by Mississippi, and if so, whom?
Can Mississippi not prevent this because only the federal government can regulate interstate commerce?
Can the doctor get in trouble because they don't have a medical license that's valid in Mississippi, or will they not be vulnerable because the doctor is not in Mississippi, and Mississippi can't do anything without help from California, which will refuse? I don't know if it's currently legal for a doctor in California to treat someone in another state by telemedicine, but if not, can California simply pass a law to make it legal?
Can Mississippi subpoena the doctor or pharmacy's records to obtain the names of women who have used this process, or would this not work due to a lack of jurisdiction? Would Mississippi have to ask the FBI to get the women's names, in which case the strategy wouldn't work if the FBI wasn't willing? Or could it be legal for the doctor simply to provide telehealth services without asking for the woman's name?