cannabisnews.com: Medical Marijuana and Free Speech





Medical Marijuana and Free Speech
Posted by FoM on September 20, 2000 at 07:47:20 PT
Editorial
Source: New York Times
The Clinton administration's three-year battle to prevent the use of marijuana as medicine as allowed under California law got a well-deserved rebuke this month. A federal judge wisely ruled that the administration could not punish doctors who recommend the benefits of marijuana to their patients. Such a policy, wrote Judge William Alsup, raises "severe First Amendment doubts."Proposition 215, approved by voters in California in 1996, made it legal for seriously ill patients to obtain and use marijuana when that therapy was recommended by a doctor. 
Seven other states have since enacted similar measures. Marijuana possession remains illegal under federal drug laws. But the federal government seldom prosecutes medical marijuana users because the quantities are small and juries tend to sympathize with seriously ill individuals. Instead the administration has tried to circumvent the California law by threatening doctors who recommend marijuana with the loss of their federal licenses to prescribe drugs.A class action was brought by California doctors and AIDS and cancer patients who want to use marijuana to curb nausea and weight loss. The suit charged the federal government with interfering with patient-doctor communications and violating free speech rights. Judge Alsup ruled that the federal government could not revoke drug licenses merely because a doctor makes a legitimate medical judgment, even if the doctor's recommendation could then be used by a patient to obtain marijuana under Proposition 215 in violation of federal law. As the judge sensibly noted, a doctor may well make a recommendation for marijuana without leading anyone to commit a federal crime. A patient armed with that recommendation might lobby for a change in federal drug laws, or enroll in a federally approved experimental marijuana therapy program, or even travel to a country where medical marijuana use is legal. Besides, it is the patient and not the doctor who procures the drug.Last year a report by the Institute of Medicine, a branch of the National Academy of Sciences, found that ingredients in marijuana can be effective for treating some symptoms associated with AIDS. It recommended development of better delivery systems, such as inhalers or patches. In the interim, it said that people who do not respond to other therapies should be allowed to smoke marijuana in controlled situations. The Clinton administration should stop threatening doctors and make marijuana available to sick individuals who need relief. Correction:An editorial last Saturday erred in saying that Gov. George W. Bush opposes the right to sue health maintenance organizations. The Bush campaign says that its candidate favors a patient's right to sue provided that the claim is first reviewed by an independent medical panel.Published: September 20, 2000Source: New York Times (NY) Copyright: 2000 The New York Times Company Contact: letters nytimes.com Address: 229 West 43rd Street, New York, NY 10036 Fax: (212) 556-3622 Website: http://www.nytimes.com/ Forum: http://forums.nytimes.com/comment/ Related Articles & Web Site:CCUA Chronology of Implementation http://drugsense.org/CCUA/chrono.htmlPhysicians Can Recommend Pot http://cannabisnews.com/news/thread6976.shtmlDoctor Rights Backed Under Pot Lawhttp://cannabisnews.com/news/thread6971.shtmlFed. Judge Says Government Cannot Penalize Doctors http://cannabisnews.com/news/thread6968.shtmlSmoky Battleground Renewed in Federal Courthttp://cannabisnews.com/news/thread6684.shtmlCannabisNews Medical Marijuana Archives:http://cannabisnews.com/news/list/medical.shtml 
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