Pubdate: Wed, 06 Nov 2002
Source: Boston Weekly Dig (MA)
Copyright: 2002 Boston Weekly Dig
Contact:  http://www.weeklydig.com/
Details: http://www.mapinc.org/media/1515
Author: Judy Nguyen

9TH CIRCUIT RULES IN FAVOR OF DR. FEELGOOD

Until recently, a doctor could find his prescription license revoked for 
the simple act of recommending marijuana to sick patients. Last month, 
however, a three-judge panel of the 9th US Circuit Court of Appeals 
unanimously found the Justice Department's policy to be unconstitutional as 
a violation of free speech.

In response to California's 1996 voter-approved measure to allow the 
prescribed use of marijuana, the Clinton administration pioneered (and the 
Bush administration continues) a policy that would cause doctors to lose 
their prescription licenses, to be excluded from Medicare and Medicaid 
programs, and, in some cases, to even face criminal charges if they dared 
to speak to their patients frankly about the use of medical marijuana.

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