Pubdate: Wed, 30 Oct 2002
Source: Bergen Record (NJ)
Copyright: 2002 Bergen Record Corp.
Contact:  http://www.bergen.com/
Details: http://www.mapinc.org/media/44
Author: David Kravets
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

DOCTORS WHO SUGGEST POT WIN RULING

SAN FRANCISCO - A federal appeals court ruled for the first time Tuesday 
that the government cannot revoke doctors' prescription licenses for 
recommending marijuana to sick patients.

A three-judge panel of the 9th U.S. Circuit Court of Appeals unanimously 
found that the Justice Department's policy interferes with the free-speech 
rights of doctors and patients.

"An integral component of the practice of medicine is the communication 
between doctor and a patient. Physicians must be able to speak frankly and 
openly to patients," Chief Circuit Judge Mary Schroeder said.

The 9th Circuit upheld a two-year-old court order prohibiting the 
government from stripping doctors of their licenses to dispense medication. 
The policy was blocked before any licenses were actually revoked.

The dispute is one of several cases resulting from medical marijuana laws 
on the books in eight states.

The government argued that doctors were aiding and abetting criminal 
activity for recommending marijuana because it is an illegal drug under 
federal narcotics laws.

But the appeals court said doctors have a constitutional right to speak 
candidly with their patients about marijuana without fear of government 
sanctions.

The Justice Department had no immediate comment.
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