Pubdate: Tue, 15 Jul 2003
Source: Detroit News (MI)
Copyright: 2003, The Detroit News
Contact:  http://detnews.com/
Details: http://www.mapinc.org/media/126
Bookmark: http://www.mapinc.org/find?154 (Conant vs. McCaffrey)

MUZZLING DOCTORS WON'T HELP WIN THE DRUG WAR

Stripping the prescription licenses of doctors who talk to patients
about medicinal pot an intrusion on free speech

The Bush administration is trying to use its licensing power to limit
the free speech of doctors and the right of individual states to pass
reasonable laws governing the behavior of their citizens.

The administration has asked the U.S. Supreme Court to strike down an
appeals court ruling that blocks the federal government from stripping
the prescription licenses of doctors who counsel patients on the use
of marijuana for medical purposes, in states that permit such use.

The policy of lifting licenses was put in place during the Clinton
administration. The nine states that allow medicinal marijuana use are
Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon
and Washington.

Solicitor General Theodore Olson argues that the 9th Circuit Court of
Appeals decision keeps the federal government from protecting the
public. But the citizens of states with medicinal marijuana laws on
the books are perfectly capable of protecting themselves. If they feel
their safety is threatened by doctors counseling AIDS and cancer
patients about ways to ease their suffering, they have the power to
change their state laws.

Olson also contends that prescribing marijuana for pain or nausea
relief is no different than encouraging the use of LSD or heroin. That
nonsensical statement reflects the Bush administration's puritanical
bent, rather than any legitimate scientific or medical evidence.

What the administration seeks is a government intrusion on the free
speech rights of physicians and on the doctor-patient
relationship.

It's also a heavy-handed attempt to force states to toe the line on
federal drug policy, even when that policy runs counter to the will of
voters in the states. The Supreme Court has ruled previously -- and
wrongly -- that medicinal use of marijuana is not exempt from federal
drug laws.

The appeals court agreed that doctors could be punished for actually
prescribing marijuana. But it said speaking candidly with patients
about the options available for relieving their suffering is
appropriate and does not conflict with the Supreme Court's ruling.

Doctors should be able to serve their patients in compliance with
state laws without the fear of being punished. They should never be
gagged by the government.

Muzzling doctors will not help win the drug war, nor will denying
relief to sick people. 
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MAP posted-by: Richard Lake