Judge Bans Prosecution of Doctors Who Prescribe Marijuana
Dateline: 9/10/00
A California federal judge has ruled that the federal government cannot prosecute doctors who recommend or prescribe marijuana for medically valid treatment of patients.
On Friday, Sept. 8, 2000, U.S. District Court Judge William Alsup in San Francisco issued a permanent injunction banning the federal government from taking any action, including investigation, leading to the revocation of a physician's license "merely because the doctor recommends medical marijuana to a patient based on a sincere medical judgment."
"This injunction applies whether or not the physician anticipates that the recommendation will in turn be used by the patient to obtain marijuana in violation of federal law," wrote Judge Alsup in the injunction.
Judge Alsup's issued the injunction in connection with a class-action lawsuit filed by a group of California doctors and their patients against Barry McCaffrey, director of the National Drug Policy. McCaffrey had threatened that doctors could have their federal license to practice revoked if they recommended or prescribed marijuana to their patients.
The U.S. Department of Justice has not yet stated whether the government would appeal Judge Alsup's injunction.
This latest volley in the medicinal marijuana war comes only ten days after the U.S. Supreme Court, sitting in an emergency session, voted 7-1 to bar the distribution of marijuana for medicinal purposes in California. (See: Supreme Court Bars Medical Marijuana.)
The Supreme Court ruling effectively overturned California's controversial 1996-passed ballot initiative -- Proposition 215 -- allowing medical patients, under doctors' recommendations, to grow and use marijuana for pain relief. After passage of Proposition 215, several California "cannabis clubs" formed to distribute the drug to patients. The Supreme Court ruling did not address medical patients who grow their own medicinal marijuana.
Voters in the states of Oregon, Washington, Alaska, Hawaii and Maine have also approved laws allowing medicinal use of marijuana, while other states are considering doing so.
Reference Links
National Organization for Reform of Marijuana Laws
NORML has worked for years to decriminalize, even legalize the use of marijuana.Medical marijuana grower slapped with stiff sentence
CNN - August 7, 1999US Drug Abuse Prevention and Control Law
Title 21, Chapter 13, United States Code. The law governing the use and distribution of drugs in including marijuana.
Marijuana Madness
Civil Liberties Guide J.D. Tuccille examines California's medicinal marijuana law and past court rulings on it.
The first federal case to go to trial since passage of California's Medical Marijuana Law, and more. From Guide to the Law Paul S. Reed.
Medical use of marijuana: Commentary, resources and arguments regarding I-685, the medical marijuana initiative in Washington State. From Guide to the Law Paul S. Reed.
Decision of the Washington State Supreme Court in a challenge to the constitutionality of marijuana laws as applied to medical purposes. From Guide to the Law Paul S. Reed.
An article regarding legal developments in religious use of marijuana. From Guide to the Law Paul S. Reed.
Report from the NIH on Medical Uses of Marijuana. From About Guide to Pharmacology Mary Ann Elchisak.
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