Pubdate: Wed, 29 Jan 2003
Source: Mountain Democrat (CA)
Copyright: 2003, Mountain Democrat
Contact:  http://www.mtdemocrat.com/
Details: http://www.mapinc.org/media/2246
Author: Ken Paglia

POT DOCTOR CAN STILL WRITE MARIJUANA RECOMMENDATIONS

COOL -- When Dr. Marion P. Fry had her Drug Enforcement Administration 
registration revoked late last year, some wondered if her ability to 
practice would be limited.

Others said she might be out of business completely.

Fry, 42, writes medical marijuana recommendations for patients who wish to 
qualify under Proposition 215 to use the substance for treatment purposes. 
She and her husband, attorney Dale Schafer, 48, run the California Medical 
Research Center in Cool.

It turns out that while Fry can no longer write prescriptions for other 
narcotics, her ability to write medical marijuana recommendations is not 
threatened by the DEA's actions.

A DEA registration allows physicians to prescribe schedules II-IV 
controlled substances, like codeine, methadone and anabolic steroids.

Marijuana is a schedule I controlled substance, according to the DEA, due 
to its high potential for abuse, and lack of accepted medical use. But 
because marijuana is a schedule I substance, it can't be prescribed. 
Consequently, Fry's possession of a DEA registration, or lack thereof, has 
no bearing on her ability to recommend medical marijuana.

Both state and federal officials previously stated that a doctor could no 
longer write recommendations for marijuana if his or her DEA registration 
were revoked.

The Mountain Democrat has since learned this to be untrue.

"Revocation of a DEA registration would not affect a physician's ability to 
recommend medical marijuana as long as the physician recommends marijuana 
in the same manner as he or she would any other prescribable drug," said 
Candice Cohen, from the State Medical Board, the entity that licenses 
physicians.

A representative from the DEA's office issued a similar statement.

A doctor's ability to recommend marijuana stems from Proposition 215, 
passed by California voters in 1996. The initiative allows patients to 
lawfully use marijuana with a doctor's recommendation.

Other states that have passed similar laws include Alaska, Colorado, 
Hawaii, Maine, Nevada, Oregon and Washington.

Under Proposition 215, patients cannot be prosecuted under state law for 
possessing or cultivating marijuana for medical purposes. Proposition 215 
also protects doctors who write recommendations, like Marion Fry, from 
being criminally punished under state law.

Doctors can be punished under federal law, however, if they help patients 
obtain marijuana, or conspire with patients to violate federal drug laws.

That is what the federal government accused Fry and Schafer of doing. In a 
December report, the DEA alleges that Fry and Schafer referred patients to 
other marijuana dealers, and sold "pot growing kits," a federal violation 
because it is illegal to sell drugs.

In 2001 the DEA raided CMRC and seized nearly 5,000 patient records. A 
federal judge later ruled that the records were not protected by 
attorney-client privilege and could remain in police hands for investigation.

The investigation prompted the DEA to revoke Fry's DEA registration in 
December.

"The conduct of Dr. Fry and Mr. Schafer bears no resemblance to a 
legitimate medical practice. Rather, it is more suggestive of persons 
obtaining marijuana for personal use ... and engaging in the sale of 
drugs," states a DEA report.

Fry and Schafer provide medical/legal consultations for patients wishing to 
obtain medical marijuana. Fry writes recommendations and Schafer advises 
clients of the legal implications of medical marijuana.

The DEA also alleges that Fry issued recommendations without giving clients 
sufficient medical examinations, or sufficiently reviewing medical records.

Fry and Schafer deny the allegations, and no criminal charges against 
either of them have been announced.

"Everything we did was in good faith compliance with California's medical 
cannabis law and in cooperation with the sheriff and district attorney," 
states Dale Schafer in a letter to the Mountain Democrat.

Schafer was himself a candidate for DA in the 2002 primary.

Fry is a breast cancer survivor and has used marijuana to treat chemo 
therapy-induced nausea, and several other ailments.

The raid of CMRC marked the first time federal agents targeted a state 
medical marijuana facility since the passage of Prop. 215 in 1996.

In 2001 the Supreme Court ruled it was a violation of federal drug laws for 
medical marijuana clubs to distribute the drug. Since then the DEA has 
raided several "pot clubs" under that ruling.

The issue mirrors a larger conflict that puts state's rights at odds with 
the federal government's strict stance on drugs.

States like California say they are constitutionally granted the power to 
regulate medicine, and so should be able to enforce their own laws 
pertaining to marijuana. The federal government argues that laws that help 
patients obtain marijuana, even for treatment purposes, make it difficult 
to enforce federal drug laws.
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MAP posted-by: Larry Stevens