Pubdate: Fri, 24 Oct 2003 Source: Ventura County Star (CA) Copyright: 2003, The E.W. Scripps Co. Contact: http://www.staronline.com/ Details: http://www.mapinc.org/media/479 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) PHYSICIANS CAN NOW TALK FREELY Federal, State Pot Laws Need To Jibe Americans wondering if they still live in the land of liberty have only to ponder the reinstatement of a right most probably didn't know was threatened: the right to talk to one's doctor freely and openly, about anything. Even marijuana. Last week, by declining to hear a Bush administration appeal, the U.S. Supreme Court let stand a 9th U.S. Circuit Court of Appeals ruling that doctors have a constitutional right to advise ill patients about the benefits of marijuana. Since 1997, doctors who recommended marijuana to patients -- or even discussed its benefits -- have been threatened with the revocation of federal licenses they need to prescribe medicine. This, despite the fact that in 1996, 56 percent of California voters approved Proposition 215, allowing sick people to use marijuana for medical purposes when approved by a physician. The federal government figured that by prohibiting doctors from recommending marijuana, it solved the problem. That ploy won't work anymore. But the Supreme Court's decision not to hear the case does not resolve the conflict between the federal and California governments over Proposition 215. Under state law, sick people can use marijuana with their doctor's permission, but the federal government still outlaws it. That legal contradiction must be addressed. California and eight other states -- Alaska, Arizona, Hawaii, Nevada, Oregon, Washington, Colorado and Maine -- have all approved the medical use of marijuana. Earlier this month, in fact, Gov. Gray Davis signed a bill into law that creates a state-issued ID card for medical marijuana patients and caregivers, spelling out how much marijuana they can possess and grow. Among Senate Bill 40's backers was the California District Attorneys Association. It make no sense that patients can be prescribed controlled substances such as morphine and cocaine -- Schedule II drugs -- but not marijuana - -- a Schedule I drug -- especially when the government's own study shows marijuana can be beneficial to some sick people. A 1999 yearlong study by the Institute of Medicine at the National Academy of Science -- ordered by former federal drug czar Barry McCaffrey -- concluded marijuana may be effective in easing chronic pain, nausea and vomiting caused by chemotherapy, poor appetite, wasting caused by AIDS or advanced cancer, and muscular spasms associated with multiple sclerosis. It also rebutted arguments against medical marijuana that it would lead to the use of other illegal drugs or encourage the public to use it. We are glad the Supreme Court let the ruling against gagging doctors stand. However, it matters little to a sick person that a doctor can recommend marijuana, if that sick person can be prosecuted by the federal government for using it. It's time for sick people to be treated by their doctors, not treated like criminals. - --- MAP posted-by: Larry Seguin