Federal judge: California doctors can recommend marijuana
By The Associated Press
09.08.00
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SAN FRANCISCO — The federal government cannot penalize
California doctors who recommend marijuana for medical purposes under the
state's voter-approved medical marijuana law by revoking their
prescription licenses, a federal judge has ruled.
The order yesterday by U.S. District Judge William Alsup came a month
after the federal government said it would resist the law, known as Proposition
215.
Alsup wrote that the Department of Justice is permanently prohibited
from revoking licenses to dispense medication "merely because the doctor
recommends medical marijuana to a patient based on a sincere medical judgment
and from initiating any investigation solely on that ground."
He also wrote that his order applies even if "the physician
anticipates that the recommendation will, in turn, be used by the patient to
obtain marijuana in violation of federal law."
The American Civil Liberties Union, which brought the suit, contends
that the government's position violates doctors' free-speech
rights, and that many doctors were resisting recommending pot for fear of
losing their federal right to prescribe medication.
"This is important because doctors and patients can feel free to
discuss marijuana as an option," said Graham Boyd, an attorney with the
ACLU.
The ruling could have broad implications for several states with
similar laws. It was the latest development in a conflict between federal
narcotics laws and the California initiative approved by voters in 1996.
The state initiative allows seriously ill patients to grow and use
marijuana for pain relief, with a doctor's recommendation, without state
penalties. But federal law says marijuana has no medical purposes and cannot be
administered safely under medical supervision.
"We really cannot comment this evening," Department of
Justice spokeswoman Gretchen Michael said yesterday. "We haven't
seen the judge's order yet."
Initiatives similar to California's have been passed in Alaska,
Arizona, Hawaii, Maine, Nevada, Oregon and Washington state. Maine's law
addresses only possession and there is not yet a distribution system in the
state.
Update
Doctors can dispense advice on marijuana, 9th Circuit says
Federal appeals panel finds that physicians have First Amendment right to speak candidly with patients about marijuana without fear of government sanctions.
10.30.02
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