cannabisnews.com: Marijuana Bill Misunderstood 





Marijuana Bill Misunderstood 
Posted by FoM on May 09, 2000 at 08:12:32 PT
By Pamela Lichty, President of the ACLU of Hawaii
Source: Honolulu Advertiser
The Hawaii Medical Association’s continuing opposition to the medicinal use of marijuana (Letters, May 1) rests in large part on its failure to read and understand the language of the recently approved legislation.
While it’s true that the federal Drug Enforcement Administration controls a physician’s ability to write prescriptions, that process is not affected by Hawaii’s bill. Rather SB 862 calls for only a "written certification" from the physician that in his or her professional opinion "the qualifying patient has a debilitating medical condition, and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient."While the legislation would protect patients and physicians who wish to discuss the issue, of course no physician would be obligated to recommend or even discuss marijuana with a patient.The bill’s language is similar to that used in most of the six states where voter initiatives have approved permitting the medical use of marijuana.Realizing it would be politically untenable to go after seriously ill patients, the feds are trying to frighten physicians instead. The government has not filed any suits against physicians, however, because they know that states have the legal right to enact drug laws that are different from federal ones.In 1996, California (along with Arizona) became the first state to pass a voter initiative allowing medical use of marijuana. The federal government response was to threaten physicians who discuss the option of medical marijuana with their patients, thus chilling the doctor-patient relationship. In response to this threat, a group of California physicians, patients and nonprofit organizations sued Barry McCaffrey, director of the Office of National Drug Control Policy, in Conant v. McCaffrey.On April 30, 1997, federal Judge Fern Smith (a Bush appointee) ruled against the government, writing in her strongly worded decision that "The plaintiffs have raised serious questions as to whether the government’s medical marijuana policy is impermissibly vague. Further, because the policy may infringe on plaintiffs’ First Amendment rights and is affecting physicians’ treatment of patients suffering from life-threatening diseases, the balance of hardships tips in plaintiffs’ favor. For these reasons," the ruling continues, "the court issues a preliminary injunction limiting the government’s ability to prosecute physicians, revoke their prescription licenses, or bar their participation in Medicare and Medicaid because they recommend medical use of marijuana."Experts believe this ruling is likely to stand.As the Hawaii Medical Association maintains its ardent opposition to medicinal use of marijuana in Hawaii, it is important to know that around the nation, scores of health organizations have supported the use of medical marijuana, including the American Academy of Family Physicians, the AIDS Action Council, the National Nurses Society on Addictions, the American Public Health Association, The New England Journal of Medicine, numerous state nurses’ associations, including the Hawaii Nurses’ Association, and the Florida and California medical associations.In fact, in January, the California Medical Association in a legal brief wrote: "A patient and his or her physician must sometimes embark together on a difficult and frustrating process of exploration and discovery. The patient and physician must explore all therapeutic options, and the physician must be able to offer the patient his or her opinion and advice on any and all potential courses of treatment. Neither the courts, nor any other government entity, should punish or otherwise impede a desperate patient, acting with the advice and approval of his or her physician, who 1) seeks to relieve his or her serious suffering by using an unconventional treatment that has been shown to be effective in his or her case and 2) has tried other standard, lawful treatments without success. Furthermore, those who attempt to aid the patient in that effort would be similarly free from sanction."It is a pity that HMA, representing less than half of Hawaii’s physicians, does not hold such an enlightened and compassionate view while advocating for its patients. By Pamela LichtyPresident of the ACLU of HawaiiVice President of the Drug Policy Forum of HawaiiPublished: May 9, 2000© Copyright 2000 The Honolulu Advertiser, a division of Gannett Co. Inc. Related Articles & Web Sites:Drug Policy Forum Of Hawaiihttp://www.drugsense.org/dpfhi/ACLUhttp://www.aclu.org/index.htmlMedical Marijuana OK Shows True Compassionhttp://www.cannabisnews.com/news/thread5544.shtmlMarijuana Act Creates Enforcement Bramble http://www.cannabisnews.com/news/thread5524.shtmlMedical Marijuana Law Doesn’t Mean Usagehttp://www.cannabisnews.com/news/thread5522.shtmlHawaii Lawmakers Approve Bill on Med. Use of MMJhttp://www.cannabisnews.com/news/thread5518.shtml 
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