Pubdate: Sun, 13 Jul 2003
Source: Sarasota Herald-Tribune (FL)
Copyright: 2003 Sarasota Herald-Tribune
Contact:  http://www.mapinc.org/media/398
Website: http://www.heraldtribune.com/
Author: Toshi Maeda, Associated Press Writer
Cited: Dr. Tod Mikuriya http://www.mikuriya.com/
Medical Board http://www.medbd.ca.gov/
Bookmarks: http://www.mapinc.org/people/Tod+Mikuriya (Dr. Mikuriya)
http://www.mapinc.org/people/Ed+Rosenthal (Ed Rosenthal)
http://www.mapinc.org/find?154 (Conant vs. Walters)
http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MEDICAL MARIJUANA DOCTOR FACING REVOCATION OF LICENSE

OAKLAND, Calif. - A doctor who recommended that thousands of his patients 
use marijuana is facing charges that could cost him his medical license, 
but the physician and his supporters say the case is merely an attempt to 
hush a vocal advocate for medicinal use of the drug.

Tod H. Mikuriya, 69, wrote marijuana recommendations for 7,500 of his 
patients without conducting sufficient medical examinations, according to 
officials with the Medical Board of California, which has moved to revoke 
or suspend the doctor's license.

But Mikuriya's defense team has asked an administrative law judge to 
dismiss the accusation, citing California's voter-approved law that allows 
doctors to recommend marijuana to sick patients. A judge heard arguments in 
the case last week, and is expected to rule on Mikuriya's motion in three 
weeks.

Mikuriya, of Berkeley, has been at the forefront of medical marijuana 
advocacy for decades, and has written a book with Ed Rosenthal, a renowned 
medical marijuana advocate who faced his own legal case earlier this year.

"Dr. Mikuriya is the biggest fish, the most visible advocate who has been 
writing on this for 40 years," said John Fleer, one of Mikuriya's attorneys.

The controversy surrounding Mikuriya comes as the Bush administration is 
stepping up its efforts to crack down on doctors who approve marijuana use. 
State law allows doctors to recommend marijuana in Alaska, Arizona, 
California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington.

Last week, the administration asked the U.S. Supreme Court to let federal 
authorities punish doctors who recommended pot to their patients. The move 
was in response to a San Francisco-based federal appeals court's October 
ruling that the Justice Department may not investigate doctors merely for 
recommending marijuana.

Mikuriya is among nearly a dozen California physicians under investigation 
by the medical board in connection to medical marijuana recommendations. 
Some of the doctors have written more recommendations than Mikuriya.

Torrance doctor William Eidelman is the only doctor currently under 
suspension by the board in connection to medical marijuana approvals. 
Eidelman is fighting that suspension. At least one other 
marijuana-recommending doctor in California was temporarily suspended from 
practicing medicine.

The medical board, meanwhile, stresses that the accusation against Mikuriya 
has nothing to do with marijuana.

Deputy Attorney General Lawrence Mercer, who represents the medical board, 
told the judge Friday that the charges against Mikuriya are about "a doctor 
practicing without doing what a good doctor has to do."

Hallye Jordan, a spokeswoman for Attorney General Bill Lockyer, said 
doctors are required to perform a physical exam, check the patient's 
medical history and do follow-up work.

"We believe that Dr. Mikuriya did not provide that responsible, standard 
care," Jordan said.

Mikuriya disputes the allegations.

"They say I didn't see them, I didn't examine them. That's absolutely 
untrue," Mikuriya said, arguing he spends at least 15 minutes with each 
patient before issuing a recommendation.

Mindy Devereax, 51, said her life has dramatically changed since she met 
Mikuriya three years ago and started using medical marijuana.

"Within 15 minutes, he understood, recognized and diagnosed my problems," 
said the Albany resident who is recovering from a brain injury and suffers 
from chronic pain and depression following a car accident.

"I cannot tolerate this much pain. He is the only one who saved my life," 
she said. Mikuriya, a psychiatrist specializing in the history of medical 
cannabis, insists marijuana is very effective in alleviating chronic pain, 
muscle spasms, depression and alcoholism.

"This is very much like a holy war, not based on science or medicine, but 
based on ignorance and incorrect information," Mikuriya said.

Frank Lucido, another Berkeley doctor who is under investigation for having 
recommended marijuana to a 16-year-old patient, said the accusations 
against Mikuriya are having "a chilling effect to other doctors" who 
recommend marijuana. The case is In the Matter of the Accusation Against 
Tod Mikuriya, 12-1999-98783. 
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MAP posted-by: Richard Lake