cannabisnews.com: Top Court Hands Victory To Backers of Medical Pot





Top Court Hands Victory To Backers of Medical Pot
Posted by CN Staff on October 15, 2003 at 15:08:33 PT
By Barbara Feder Ostrov, Mercury News
Source: Mercury News 
The U.S. Supreme Court handed a clear victory to medicinal marijuana advocates Tuesday, letting stand a lower court ruling that found it unconstitutional for federal officials to investigate and punish doctors who recommend pot to their patients.The justices declined without comment to review the ruling that upheld physicians' rights to speak freely with their patients. That ruling, issued by the 9th U.S. Circuit Court of Appeals, strengthens protections for doctors in states with medicinal marijuana laws, like California, and could make it easier for other states to pass similar laws.
The Supreme Court's action does not resolve the tension between California law, which permits the use of medicinal marijuana, and federal laws, which ban growing, using or selling the drug. Indeed, the court ruled against medicinal marijuana clubs in 2001. Still, medicinal marijuana supporters and health officials hailed the decision as a triumph for free speech.``The court has clearly upheld the right of states to protect the rights of doctors and patients to discuss treatments without Big Brother interfering,'' said Bruce Mirken, spokesman for the Marijuana Policy Project. ``This decision will lift a burden from a lot of folks.''Attorney General John Ashcroft had no comment on the decision, while White House spokeswoman Claire Buchan restated the Bush administration's position on the topic, saying: ``As a matter of policy, we oppose any efforts to legalize marijuana.''California and eight other states have enacted medicinal marijuana laws, which depend on doctors' ability to evaluate patients and determine if marijuana alleviates pain and nausea from diseases such as cancer and AIDS. Without a doctor's recommendation, patients may not be entitled to legal protections under laws like California's Proposition 215, approved by voters in 1996 to allow marijuana for medicinal use.The Clinton administration reacted to the passage of Proposition 215 and a similar law in Arizona by initiating a policy of threatening to take away the prescribing licenses of doctors who recommended medicinal marijuana to their patients.A group of doctors and patients challenged that policy in Conant v. Walters, the 1997 case that the Supreme Court on Tuesday declined to review. In court papers, Bush administration lawyers contended that a doctor's recommendation that a patient use marijuana violates federal drug laws because it is equivalent to issuing a prescription for a banned drug and could encourage illegal use.But the 9th U.S. Circuit Court of Appeals ruled that the First Amendment allows physicians to discuss and advocate medical marijuana, even though use of marijuana is illegal. The court also ruled that it is the right of states, not the federal government, to regulate the practice of medicine.Dr. Jack Lewin, of the California Medical Association, said the doctors group supported the Supreme Court decision, but said many physicians are still cautious about recommending marijuana as therapy.``We still need a great deal more science to understand whether medical marijuana is as effective as some patients and physicians believe it to be,'' Lewin said. ``This research has only just begun. We do not believe we're celebrating victory of medical marijuana here. There may be better agents for nausea relief and pain control.''Many patients who smoke marijuana for their symptoms say nothing else works as well.Phil Alden, a Redwood City writer and medicinal marijuana advocate who suffers from AIDS, said he smokes pot three to four times every day to relieve nausea, improve his appetite and control AIDS-related pain in his hands and feet.``I was very happy to hear about the decision,'' Alden said. ``It enables doctors to not feel like they're going to be the victim of a witch hunt if they discuss medical marijuana with their patients.''The Associated Press contributed to this report.  Complete Title: Top Court Hands Victory To Backers of Medicinal PotSource: San Jose Mercury News (CA)Author: Barbara Feder Ostrov, Mercury NewsPublished:  October 14, 2003 Copyright: 2003 San Jose Mercury NewsContact: letters sjmercury.comWebsite: http://www.bayarea.com/mld/mercurynews/Related Articles & Web Sites:Marijuana Policy Projecthttp://www.mpp.org/Walters vs. Conant, 03-40 - PDFhttp://freedomtoexhale.com/walters.pdfJustices: Doctors Can Discuss Pothttp://cannabisnews.com/news/thread17572.shtmlCourt: Ariz. Docs Can Talk Pot with Patientshttp://cannabisnews.com/news/thread17571.shtml 
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