Calif. docs can't be penalized for recommending pot

By DAVID KRAVETS, Associated Press

SAN FRANCISCO (September 8, 2000 1:44 p.m. EDT
http://www.nandotimes.com) - The government cannot penalize California
doctors who prescribe 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 by U.S. District Court Judge William Alsup Thursday 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."

"We really cannot comment this evening," Department of Justice
spokeswoman Gretchen Michael said. "We haven't seen the judge's order
yet."

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.

Initiatives similar to California's have been passed in Alaska, Arizona,
Hawaii, Maine, Nevada, Oregon and Washington state.

The American Civil Liberties Union, which brought the suit, contended 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 American
Civil Liberties Union.

------------------------------------------------------------------------
Steve Wingate

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