Pubdate: Mon, 20 Oct 2003
Source: Newsday (NY)
Copyright: 2003 Newsday Inc.
Contact:  http://www.newsday.com/
Details: http://www.mapinc.org/media/308
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Bookmark: http://www.mapinc.org/topics/Conant (Walters v. Conant)

U.S. SHOULD LET DOCTORS ADVISE THE USE OF MARIJUANA

The Supreme Court's silence has freed some doctors to talk to patients 
about marijuana, a step in the right direction in the nonsensical war 
between federal drug warriors and states that have legalized the medicinal 
use of pot.

Without comment, the high court last week refused to hear the 
administration's appeal of a lower-court ruling barring federal officials 
from punishing doctors who recommend marijuana for their patients. It was 
the correct thing to do: Denying doctors the authority to write 
prescriptions for controlled substances if they dare to recommend 
marijuana, as Washington was prepared to do, violates the free speech 
rights both of doctors and their patients.

Sick people need to be free to discuss any and all treatment options with 
doctors, without looking over their shoulders for the cops.

They now can in the seven states within the jurisdiction of the U.S. Ninth 
Circuit Court of Appeals that have medical marijuana laws - California, 
Alaska, Arizona, Hawaii, Nevada, Oregon and Washington.

But most patients still have no legal way to obtain marijuana. It is a 
federal felony to cultivate, possess or distribute marijuana. And because 
the court let the Ninth Circuit ruling stand, rather than deciding this 
issue itself, it is binding only in that one circuit. Federal officials 
remain free to intimidate doctors in other states with medical marijuana 
laws, currently Colorado, Maine and Maryland.

The present state of affairs also perpetuates an awkward situation for 
federal law enforcement officials who, in going after doctors and patients, 
insist they are merely enforcing federal law, which supersedes state 
statutes. Rather than asking them to turn a blind eye to illegality, 
Congress should change the law to require that state medical-marijuana laws 
be respected.

Washington should not thwart the will of the people where they've approved 
the use of marijuana to relieve the nausea and wasting of chronic illness. 
The war on drugs should not target the sick and dying.
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MAP posted-by: Keith Brilhart