-Caveat Lector- US Court Protects Doctors Who Recommend Marijuana
Tue Oct 29, 5:49 PM ET SAN FRANCISCO (Reuters) - Doctors who recommend medical marijuana to sick patients cannot be stripped of their licenses to prescribe drugs even though marijuana is banned by federal law, a federal appeals court ruled on Tuesday. In a decision hailed as a breakthrough by medical marijuana advocates, the 9th Circuit Court of Appeals upheld a lower court ruling which protects the constitutional right of doctors to recommend medical marijuana. "An integral component of the practice of medicine is the communication between a doctor and a patient," the appeals court's three-judge panel said in its unanimous ruling. "Being a member of a regulated profession does not, as the government suggests, result in a surrender of First Amendment rights." Federal officials have maintained a tough line against medical marijuana, taking action against medical marijuana providers even though nine states, including California, permit medical use of the drug under state law. After lengthy litigation, the U.S. Supreme Court (news - web sites) ruled last year that clubs formed to provide marijuana to sick patients were breaking federal law, and law enforcement officials have gone after several such groups in recent months. The 9th Circuit, which disagreed with the Supreme Court on the viability of California's medical marijuana law, said on Tuesday that doctors who "recommend" -- rather than formally prescribe -- medical marijuana were simply exercising their free speech rights and should not be punished. "The record is replete with examples of doctors who claim a right to explain the medical benefits of marijuana to patients and whose exercise of that right has been chilled by the threat of federal investigation," the court said. The court further rejected the government's assertion that, by recommending medical marijuana, doctors were inviting their patients to break the law, noting that there are legal ways patients might seek marijuana, such as through a government-approved research project or attempting to persuade the federal government to change the marijuana laws. Medical marijuana advocates, who say the drug can help patients who are suffering nausea from chemotherapy, appetite loss from AIDS (news - web sites) or chronic pain from multiple sclerosis, said the decision was a major victory. "Today's ruling is a major victory for patients and doctors," Gina Palencar, policy director of Americans for Medical Rights, said in a statement. "With physician-patient communications protected, patients in nine states can assert their rights to use marijuana as medicine." -------------------------------------- Steve Wingate, Webmaster ANOMALOUS IMAGES AND UFO FILES http://www.anomalous-images.com Latest Update: Cydonia in 3-D http://www.anomalous-images.com/Odyssey/Cydonia_3-d.html <A HREF="http://www.ctrl.org/";>www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. Let us please be civil and as always, Caveat Lector. ======================================================================== Archives Available at: http://peach.ease.lsoft.com/archives/ctrl.html <A HREF="http://peach.ease.lsoft.com/archives/ctrl.html";>Archives of [EMAIL PROTECTED]</A> http://archive.jab.org/ctrl@;listserv.aol.com/ <A HREF="http://archive.jab.org/ctrl@;listserv.aol.com/">ctrl</A> ======================================================================== To subscribe to Conspiracy Theory Research List[CTRL] send email: SUBSCRIBE CTRL [to:] [EMAIL PROTECTED] To UNsubscribe to Conspiracy Theory Research List[CTRL] send email: SIGNOFF CTRL [to:] [EMAIL PROTECTED] Om
