cannabisnews.com: Court Upholds Doctor–Patient Right To Discuss MMJ





Court Upholds Doctor–Patient Right To Discuss MMJ
Posted by CN Staff on October 19, 2003 at 13:08:53 PT
Editorial
Source: Hawk Eye
The sanctity of the physician–patient relationship was reaffirmed last week, as were states' rights to regulate marijuana as medicine. In a stunning victory for the First Amendment and the rights of the sick and the dying to seek unconventional treatments, the U.S. Supreme Court refused to consider the Bush administration's argument that the federal government can punish doctors who recommend or even discuss the merits of marijuana use with their patients.
By declining to debate the justices upheld an appeals court ruling that said the U.S. government cannot tell physicians what they can discuss with their patients. Attorney General John Ashcroft's Justice Department had argued that the issue was not denying doctors freedom of speech but about the federal government's right to outlaw marijuana and to prosecute physicians who treat it like a prescription drug, even if so allowed by states. The high court's refusal to intervene also legitimized earlier decisions by voters in nine states to legalize the medical use of marijuana. Another 35 open–minded states have legislation on their books that recognizes marijuana's medicinal value. After this ruling some may be inclined to allow its use as a legal prescription drug. The Bush administration's core argument is that legalizing marijuana for medical reasons will encourage pot smoking among people who are not sick. Indeed there may come a day when marijuana is ruled as legal as cigarettes and alcohol. But that's another legal fight. Until then, and given that the government has long legalized heroin and cocaine derivatives for medical use, fighting to keep marijuana out of the nation's medicine cabinet is prosecutorial overkill. Complete Title: Ashcroft's Overkill Supreme Court Upholds Doctor–Patient Right To Discuss Marijuana as Medicine Source: Hawk Eye, The (IA)Published: October 19, 2003Copyright: 2003 The Hawk EyeContact: letters thehawkeye.comWebsite: http://www.thehawkeye.com/CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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