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Supreme Court Nixes GW. Bush's
Attempt To Punish MMJ DR's
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10/14/03
The Supreme Court said Tuesday it would not involve itself in a debate over
whether doctors can talk to patients about medical marijuana. RealAudio: Gwen
Ifill gets two perspectives on the controversial decision from Rob Kampia,
director of the Marijuana Policy Project, and Dr. Andrea Barthwell, deputy
director of the White House Office of National Drug Control Policy. http://audio.pbs.org:8080/ramgen/newshour/expansion/2003/10/14/scotus.rm?altplay=scotus.rm
Or if the above link does not work, go to http://www.pbs.org/newshour/bb/law/supreme_court/
and click the RealAudio link there.
By James Vicini
WASHINGTON (Reuters) - The U.S. Supreme Court (news
- web
sites) let stand on Tuesday a ruling that the government cannot revoke the
federal prescription licenses of doctors who recommend medical marijuana to sick
patients.
Without any comment, the justices rejected a Bush administration appeal of
the ruling that bars the government from punishing and from even investigating a
doctor's conduct because of a recommendation that a patient use marijuana
The federal government has classified marijuana as a controlled substance, an
illegal drug, saying it has "a high potential for abuse," "no
currently accepted medical use" and is unsafe even when used under medical
supervision.
A U.S. appeals court in San Francisco ruled the federal government's policy
against doctors who recommend marijuana violated constitutional free-speech
rights of physicians and patients.
The case began after California voters in 1996 adopted Proposition 215, which
makes it legal for seriously ill patients to grow and possess marijuana for
medical use when a doctor recommends it.
Since the case began, eight other states -- Alaska, Arizona, Colorado,
Hawaii, Maine, Nevada, Oregon and Washington -- have approved similar medical
marijuana laws.
The Clinton administration threatened to revoke the licenses of physicians
who recommended marijuana as a medical treatment, a policy the Bush
administration has continued and defended.
In 1997, a number of physicians and patients sued in federal court in
California.
The appeals court upheld a federal judge's injunction that bars the U.S. Drug
Enforcement Administration from revoking a physician's registration to prescribe
federally regulated narcotics. The agency also was barred from even beginning an
investigation of any doctor who recommended marijuana.
Solicitor General Theodore Olson of the Justice Department (news
- web
sites) appealed to the Supreme Court and said the decision impaired the
government's power "to enforce the law in an area vital to the public
health and safety."
He said the appeals court decision imposed "sweeping and unprecedented
restrictions on the government's ability even to investigate possible violations
of the law."
Lawyers from the American Civil Liberties Union, which helped represent those
challenging the policy, opposed the appeal. They called the government policy
censorship of speech covered by the physician-patient relationship.
"What's at issue is the ability of doctors to speak openly and honestly
with their patients about marijuana as a viable therapy option," said
Graham Boyd, director of the ACLU's Drug Policy Litigation Project.
"Patients deserve access to accurate information about (marijuana's)
medicinal value in treating pain, nausea, wasting syndrome and other symptoms of
life-threatening diseases," he said.
The high court sided with the ACLU and declined to hear the government's
appeal.
The Supreme Court last addressed the issue of medical marijuana in 2001, when
it ruled that California cannabis clubs may not distribute marijuana as a
"medical necessity" for seriously ill patients.
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