Pubdate: Fri, 01 Jun 2001
Source: Honolulu Star-Bulletin (HI)
Copyright: 2001 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Helen Altonn, Star-Bulletin

DOCTORS HAVE RIGHT TO SUGGEST POT FOR PATIENTS, LAWYER INSISTS

But Federal Officials Are Harassing Doctors For Doing So, He Says

Doctors should not be afraid to discuss the benefits and risks of marijuana 
and to recommend it if medically warranted, says an attorney for plaintiffs 
in a class-action lawsuit against the nation's drug czar and other federal 
officials.

Jonathan Weissglass, San Francisco attorney who was co-counsel in the 
Conant v. McCaffrey case, discussed legal issues regarding medical 
marijuana yesterday at the third annual Hawaii Conference on Addictions, 
sponsored by the University of Hawaii John A. Burns Medical School.

The two-day event explores medical and social issues of medical marijuana.

Weissglass said that after California legalized marijuana for certain 
medical purposes in 1996, National Drug Policy Control Office Director 
Barry McCaffrey responded, "For sure, we're not getting rolled over on this."

The office decided to take action against physicians recommending medical 
marijuana, although the Controlled Substance Act does not prevent that, 
Weissglass pointed out. The act simply prohibits doctors from dispensing or 
prescribing marijuana.

Since the federal government has criminalized marijuana, states cannot make 
it legal, but they do not have to make it illegal under state law, he 
explained.

The federal government must prosecute medical marijuana use itself but 
cannot force states to do the same, he said.

So on Dec. 30, 1996, he said, the federal government began a series of 
threats against California physicians, saying their license to prescribe 
drugs could be revoked if they prescribed or recommended marijuana.

In 1997 the federal government began to investigate physicians, he said.

"Physicians were incredibly intimidated from even discussing medical 
marijuana with patients."

The federal government created serious problems with the physician-patient 
relationship and with the medical staff, he said.

The federal government exceeded its authority under federal law and 
violated First Amendment rights of doctors and patients, Weissglass said.

The goal of the lawsuit was "to allow doctors to be doctors," he said.

District JUDGE William Alsup on Sept. 7 granted a permanent injunction 
prohibiting the federal government from revoking a doctor's DEA 
registration for recommending medical marijuana to a patient and initiating 
any investigation on that basis.

The federal government has appealed the decision to the 9th Circuit Court 
of Appeals, which covers Hawaii. If it stands up, Weissglass said, the 
decision will also apply here.

He said physicians should feel free to discuss medical marijuana and 
recommend it, "just as you might recommend red wine or herbal medicines."

But doctors should follow some precautions, he said, suggesting they 
carefully examine patients and recommend conventional medicines first.

Also, doctors should not tell patients where to obtain marijuana or give it 
to them, he said. "That's obviously a federal crime and could even be a 
state crime."

Among those taking notes at the conference was Arlene Buklarewicz, a 
self-employed registered nurse and certified case manager in Volcano, on 
the Big Island.

She said she has a patient in his late 50s with non-Hodgkin lymphoma who 
received a stem cell transplant at a mainland facility earlier this year.

He had eight rounds of chemotherapy the past two years and used marijuana 
six times to control his nausea, she said. He was nauseous only twice -- 
when he did not use marijuana, she said.

But he has never told his doctor in Honolulu about using marijuana, which 
he grows in his yard, she said. His doctor prescribed four different drugs 
to use as needed for nausea, and he has never used any of them, Buklarewicz 
said.

A recent CAT scan showed he was "totally clear" of cancer, although he 
still uses marijuana occasionally for residual effects of chemotherapy, she 
said.

She said he obtained an application from a Big Island doctor to use medical 
marijuana under the new state law.

But he was afraid to turn it in after a recent Supreme Court decision that 
the federal law on illegal marijuana makes no exceptions for seriously ill 
people, she said.

Ted Sakai, director of the state Public Safety Department, which issues 
applications for medical marijuana, said that as of May 17, 197 patients 
and 20 caregivers had applied. Thirty-five physicians had recommended 
marijuana for medical reasons.

He gave this breakdown:

Oahu: 19 physicians, 49 patients, 10 caregivers. Big Island: Seven 
physicians, 78 patients, three caregivers.

Maui: Four physicians, 16 patients, two caregivers.

Kauai: Five physicians, 54 patients, five caregivers.

Dr. Lester Grinspoon, Harvard Medical School psychiatry professor, raised 
the issue of commercial products from compounds of cannabis or marijuana. 
"Will the development of new products make medical marijuana obsolete?" he 
said. "Will pharmaceutical companies feel it is worth the developmental cost?"

A French group is looking into development of a cannabis chemical to reduce 
appetite, he said, and various compounds appear to protect brain cells 
after a stroke or head injury.

However, he said, "whole smoked cannabis" is more effective than a 
pharmaceutical version of it. He said he has never had a patient who 
prefers the synthetic Marinol to marijuana.

Commercial products also will be more expensive than natural marijuana, he 
said. In the end, he said, commercial success will depend how vigorously 
the prohibition against marijuana is enforced.
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MAP posted-by: Beth