cannabisnews.com: ACLU, U.S. Clash on Pot Rules





ACLU, U.S. Clash on Pot Rules
Posted by FoM on August 04, 2000 at 10:17:05 PT
By Alexis Chiu, Mercury News 
Source: San Jose Merecury News
The American Civil Liberties Union asked a federal judge Thursday to issue a permanent injunction to prevent the government from penalizing doctors who discuss marijuana with patients.The federal government, in response, reasserted its resistance to California's controversial medicinal marijuana law -- approved by voters in 1996 and tied up in court ever since -- by saying doctors who recommend cannabis to seriously ill patients could lose their licenses to dispense all medicine.
``There is a national standard here. Doctors cannot use marijuana in their medical practice -- period,'' Justice Department attorney Joseph W. Lobue told a judge during arguments at U.S. District Court in San Francisco.The hearing could signify the last stage of a class-action lawsuit, brought by the ACLU, that contends the federal government is stifling the free speech of physicians in an overzealous attempt to stay in line with its ``war on drugs.''``As part of this war, they don't want doctors talking to patients about marijuana at all,'' said ACLU attorney Graham Boyd. ``That absolutely violates the Constitution.''Boyd conceded he knew of no doctors targeted for criminal prosecution or hit with other sanctions since the issue in 1997 of a preliminary injunction preventing physicians from being targeted by the government.But he said many doctors resist even mentioning pot for fear of losing their federal right to prescribe medication, and that most are ``completely and utterly confused'' about the subject.Judge William Alsup was expected to issue a decision in the next few weeks.And so the debate over medicinal marijuana continues, four years after voters overwhelmingly approved Proposition 215.Also called the Compassionate Use Act, the measure allows patients with such chronic, debilitating illnesses as AIDS and cancer -- and with a doctor's recommendation -- to grow and use marijuana for pain relief without being prosecuted under state law. Similar measures have passed in Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington state.The first challenges to Proposition 215 were directed at cannabis clubs for medicinal marijuana users. Clubs in Oakland, San Francisco and San Jose were closed by local authorities, uncomfortable with their lack of regulation, intent on upholding state and federal drug laws.But the tide seems to be turning for pot clubs in some cities.Peter Baez, a San Jose club operator charged in 1998 with eight felony counts, was allowed in May to plead no contest to one misdemeanor and pay a $100 fine. And last month, a federal judge cleared the way for the Oakland Cannabis Buyers' Cooperative to distribute marijuana. The Justice Department has said it will appeal that ruling.State, Federal Conflict:At the heart of the battle over Proposition 215 is the conflict between state law, which allows distribution of medicinal marijuana, and federal law, which says pot has no legitimate medical purpose.That conflict was apparent in court Thursday, as Justice Department lawyers reiterated their argument that recommending marijuana to patients keeps drug traffickers in business and involves a substance that is not regulated by the federal Food and Drug Administration.Lobue likened a doctor recommending that a patient smoke marijuana to a lawyer recommending that a defendant commit perjury.Several years ago, White House drug policy chief Barry McCaffrey stoked the controversy when he said doctors who recommended marijuana would lose their federal licenses to prescribe controlled substances. He said the doctors would be excluded from Medicare and Medicaid and could face criminal charges.But a federal judge, describing the Clinton administration's drug policy as ``fickle'' and ``vague,'' later stayed the action until the state vs. federal policy issue is resolved.That hasn't happened yet, but the 10 doctors and five patients for whom the ACLU filed the class-action lawsuit are hoping to leave their mark on the debate. They say the federal government feels threatened by popular support for marijuana and is using doctors as a tool to effectively block the Compassionate Use Act.Judge Alsup vigorously questioned both sides about their positions throughout Thursday's nearly three-hour hearing. At times, he seemed to suggest the Justice Department was splitting hairs and arguing semantics.Alsup noted that the appeals court ruled that patients can defend themselves by saying marijuana is medically necessary.Judge's Question:``If that's true, who's going to declare if it's a medical necessity if it's not a doctor?'' the judge asked Lobue. ``How do you square that, holding with your position in this case that a doctor cannot even recommend marijuana?''Lobue responded that the doctor would have to testify that cannabis is a medical necessity, but admitted that could put the doctor at risk for license revocation.Feedback:http://www.sjmercury.com/resources/feedback/Contact Alexis Chiu at achiu sjmercury.com or (415) 477-3795 Published: Friday, August 4, 2000in the San Jose Mercury News © 2000 Mercury Center. Related Articles & Web Sites:ACLUhttp://www.aclu.org/Oakland Cannabis Buyer's Cooperativehttp://www.rxcbc.org/U.S. Voices Threat on Pot Rx http://cannabisnews.com/news/thread6616.shtmlFederal Court in California Hears Arguments on MMJhttp://cannabisnews.com/news/thread6615.shtmlPot Backers Vow Fight for Right To Use http://cannabisnews.com/news/thread6584.shtmlClinton Asks Supreme Court To Overturn MMJ Rulinghttp://cannabisnews.com/news/thread6558.shtmlMedicinal Pot Goes To Supreme Court http://cannabisnews.com/news/thread6557.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml A legal brief in the case is available online at: http://www.aclu.org/court/conant_v_mccaffrey.html 
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Comment #3 posted by Sue on August 05, 2000 at 03:53:30 PT:
Libertarian Harry Browne
Do vote. Never vote Republicrat.
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Comment #2 posted by Frank on August 04, 2000 at 18:44:17 PT
Comment on Government's Actions
The United States Government is totally out of line. The government has become a reservoir of filth, lies and deceit. Who needs to get out of medical practice is the government. What “Uncle Sam” should do is smoke some tobacco, drink some alcohol (his favorite drugs) and then place a revolver against his right temple and pull the trigger; it would be a very painless death, as there are not much brains to blow out. The American People are beginning to have “Zero Tolerance” to “Uncle Sam’s” fornication upon their rights, their Constitution and quality medical care. 
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Comment #1 posted by Dan B on August 04, 2000 at 11:53:59 PT:
Perjury
"Lobue likened a doctor recommending that a patient smoke marijuana to a lawyer recommending that a defendant commit perjury."Doesn't Mr. Lobue realize that, applying the same standard to himself, he should be in jail right now for perjury? After all, he is the one stating that marijuana has no medical purpose, which is clearly contrary to even the government's own studies. What a ludicrous thing to say! Kaptinemo is right, these folks are digging their own graves (or something to that effect, at any rate). I just can't wait until we start filling them in (so to speak).Dan B
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