Cannabis News Marijuana Policy Project
  Feds Insist on Penalizing Pro-Pot M.D.s
Posted by FoM on April 10, 2002 at 08:40:22 PT
Staff & Wire Report 
Source: Oakland Tribune 

medical The government fought a two-pronged battle in its drug war Monday, arguing in separate cases before a federal appeals court that it can strip doctors of their licenses for recommending marijuana and ban foods containing hemp.

The U.S. Department of Justice asked the 9th U.S. Circuit Court of Appeals to lift a 2000 order prohibiting the government from threatening to revoke doctors' federal licenses to dispense medication if they recommend marijuana to sick patients.

Justice Department attorney Michael Stern said doctors are interfering with the drug war and circumventing the government's judgment that marijuana has no medical benefits. Doctors who recommend marijuana in the eight states that have medical marijuana laws "will make it easier to obtain marijuana in violation of federal law," he said.

Graham Boyd, an American Civil Liberties Union attorney, told the court that the government was trying to stifle doctor-patient interactions.

"That is speech that is protected by the First Amendment," he argued.

The case stems from an order by U.S. District Judge William Alsup, who prohibited the Justice Department from revoking doctors' licenses to dispense medication "merely because the doctor recommends medical marijuana to a patient based on a sincere medical judgment." Alsup's order also prevents federal agents "from initiating any investigation solely on that ground."

The case is an outgrowth of Proposition 215, which California voters approved in 1996. It allows patients lawfully to use marijuana with a doctor's recommendation.After the measure passed, the Clinton administration said doctors recommending marijuana would lose their federal licenses to prescribe medicine, would be excluded from Medicare and Medicaid and could face criminal charges.

Other states with medical marijuana laws include Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington.

In the other case argued Monday, the Drug Enforcement Administration asked the appellate court to let it outlaw food products containing hemp. The court last month blocked the DEA from enforcing a ban it imposed in October, pending the outcome of the case.

Hemp is an industrial plant related to marijuana. Its oil is found in a host of foods, including energy bars, waffles, milk-free cheese, veggie burgers and bread.

DEA attorney Daniel Dormont said the government banned food made with hemp because "there's no way of knowing" whether some products may get consumers high.

Hemp food sellers say their products are full of nutrition, not drugs. They say the food contains such a small amount of the active ingredient in marijuana that it's impossible to get high.

In October the DEA declared that food products containing even trace amounts of tetrahydrocannabinol -- the psychoactive chemical known as THC found in marijuana and sometimes in hemp -- were banned under the Controlled Substances Act.

The DEA ordered a halt in the production and distribution of all goods containing THC that were intended for human consumption. The DEA also ordered all such products destroyed or removed from the United States by March 18, but the 9th Circuit suspended that order so it could decide whether federal law may classify hemp food as an illegal controlled substance such as heroin.

The court did not indicate when it would rule on either case.

Note: In appeals court, DEA also argues for ban on hemp in food.

Source: Oakland Tribune, The (CA)
Published: April 09, 2002
Copyright: 2002 MediaNews Group, Inc. and ANG Newspapers
Contact: triblet@angnewspapers.com
Website: http://www.oaklandtribune.com/

Related Articles & Web Site:

ACLU
http://www.aclu.org/

Judge Questions Bush Policy on Medical Pot
http://freedomtoexhale.com/sf.htm

Effort to Muzzle Pro-Pot Doctors Argued
http://freedomtoexhale.com/sab.htm

Appeals Court Hears Arguments on Marijuana
http://cannabisnews.com/news/thread12476.shtml

Recommending Pot Sounds OK To 9th Circuit
http://cannabisnews.com/news/thread12474.shtml


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Comment #20 posted by Jose Melendez on April 12, 2002 at 14:12:16 PT:

paul peterson
Your site
http://www.illinois-mmi.org

has a blank page, which seems to indicate everything probably will work if you have the current username and password. If you need help, I can post the info for you, and mirror it on narcosoft.com



[ Post Comment ]
 
Comment #19 posted by paul peterson on April 11, 2002 at 09:27:38 PT:

FIRST AMENDMENT RIGHTS-keep it up (mine's down)
Hey, Ethan-good to hear someone talking about first amendment rights (I didn't capitalize since, they seem to be taking these things less than seriously right now). So I got my flyers out, and yesterday whammo- Somebody nixed my whole web site-I don't even have e mail right now-talk about trying to "sweep me under the carpet". I delivered a letter to the FBI today asking them to investigate who violated my freedoms-probably due to the "content base" of the web site-you know, this being DARE day and all!

I've got this trial set for 4/22/02. The prosecutor who has routinely committed PERJURY & MAIL FRAUD, is named as my witness. I'm still waiting to see if these people will allow her (the prosecuting attorney) to weasel out of being placed on the witness stand, where I certainly will take her to task for her crimes of deception. What book would you make on my chances of getting her to even walk up to the plate and open her mouth, eh? This story keeps getting wierder and wierder. Since the ARDC won't investigate their own peoples' crimes, I went to the Attorney General. He's the Republican candidate for Governor. He sent me a letter telling me I need to bring these charges to the ARDC. But since the ARDC are the same people that 1) did the crimes, 2) hid the crimes, there is an absolute conflict. So I went and turned him in to them, for failing to turn them in to themselves. Now I am asking the DA to investigate them all. The DA said go to the FBI. The Attorney General just sent me a blank, empty, unsealed envelope. (That is a suspicious peice of mail, what with this terrorism thiny happening and all). So now I have this espionage allegation-the missing web site, you recall, a potential mail fraud with the empty envelope, and a bunch of attempts to get them to look at the earlier mail fraud thingy (which they declined to do last November, of course).

Maybe with this new stuff I might get someone to look into this-If only the AG wasn't Republican, of course. Any bets?

More later. PAUL (SOMEONE MIGHT BE AT THE DOOR). 312-558-9999 (as long as my phone is still working, that is).

[ Post Comment ]

 
Comment #18 posted by DdC on April 10, 2002 at 15:54:38 PT
It Can't Happen Here? It Has and Is Happening Here
The United States government did something that was wrong—deeply, profoundly, morally wrong. It was an outrage to our commitment to integrity and equality for all our citizens. . . . clearly racist
—President Clinton's apology for the Tuskegee Syphilis Experiment to the eight remaining survivors, May 16, 1997

The Tuskegee Syphilis Experiment & More Government "Intervention" Linx
http://pub3.ezboard.com/fendingcannabisprohibitionwhyitstimetolegalize.showMessage?topicID=341.topic
http://boards.marihemp.com/boards/politics/media/40/40342.jpg

Conant v. McCaffrey
A federal class-action lawsuit on behalf of physicians who recommend and seriously ill patients who need medical cannabis...

Declaration of Arnold Leff, M.D.
http://www.drugsense.org/CCUA/970114_Conant_v_McCaffrey_Leff.html

Conant v. McCaffrey:
http://www.lindesmith.org/mmjsuit.html


[ Post Comment ]
 
Comment #17 posted by boppy on April 10, 2002 at 15:36:21 PT
FoM, Dr. Russo...
About 5 years ago I had a seizure. I haven't had one since then. The neurologist that I see prescribed Tegretol which seems like a vitamin since I feel no effects of it's use. The doctor asked me if I took any drugs or consumed alcohol. I said, "I smoke cannabis and have a beer or a mixed drink each day." He advised that I watch how much I drink. I said, "What about the cannabis?" He said, "That shouldn't be a problem. Cannabis doesn't cause or contribute to seizures". I asked him why we don't hear that kind of information in the media. He thought it was because people seem to rely more on getting their information from politicians than from their doctors. I think he is right.

[ Post Comment ]
 
Comment #16 posted by mayan on April 10, 2002 at 15:14:21 PT
Dr. Sam...Not!!!
Is the Governments "judgement" more credible than the nation's doctors regarding what is viable medicine? It seems to me we should let doctors be doctors.

[ Post Comment ]
 
Comment #15 posted by FoM on April 10, 2002 at 12:59:45 PT
qqqq
Oh No! Vodka!

It makes my stomach hurt and head spin just thinking about it! LOL!

[ Post Comment ]

 
Comment #14 posted by Dark Star on April 10, 2002 at 12:57:24 PT
Scheduled Drugs
By DEA logic, maybe if hemp seeds were put in capsules with sesame oil they would qualify for Schedule III instead of Schedule I.

[ Post Comment ]
 
Comment #13 posted by qqqq on April 10, 2002 at 12:53:56 PT
GCW
..I also used to think that you couldnt get a buzz off hemp seed oil...but I found out the secret!..hemp seed oil gives quite a buzz if you wash it down with a pint of vodka.....the vodka even works with corn oil,and olive oil!

[ Post Comment ]
 
Comment #12 posted by MikeEEEEE on April 10, 2002 at 12:22:55 PT
Hatred
This only proves the deep hatred and prejudices of the ruling elite.

[ Post Comment ]
 
Comment #11 posted by The GCW on April 10, 2002 at 12:15:40 PT
I guess, I am...just speculating...
I've never done heroin. I have done plenty of hemp seed oil, and the buzz I get would be a real disapointment for someone looking for any sort of buzz, no matter how minimal.

Now, is heroin more or stronger,,, it that all heroin is?

Well sure then, if this horsey stuff, is just like hemp seed oil that I eat on my salads with that legal organic white wine vinegar,,, that's all, then let's do heroin.

Heroin, can't be bad, then. -Who's right?

[ Post Comment ]

 
Comment #10 posted by The GCW on April 10, 2002 at 12:05:07 PT
The extent
of not 'GETTING IT".

...federal law may classify hemp food as an illegal controlled substance such as heroin.

Hemp food, heroin. Heroin, hemp food.

Do you suspect any potential differences in the 2? ARe they realy that much alike? Am I missing something here?

We are told to love our brothers...but how do you suppose we communicate and illistrate Truth, ...with garbage? These people are like vegitables. Maybe robots.

Classify hemp food with heroin!

[ Post Comment ]

 
Comment #9 posted by goneposthole on April 10, 2002 at 11:33:06 PT
A good doctor
would tell the DEA to go to hell. "I'll be writing the presciptions, here."

I ate a hemp waffle and got high. Smoking marijuana is more medicinal than it is about getting stoned.

[ Post Comment ]

 
Comment #8 posted by dddd on April 10, 2002 at 11:28:48 PT
prescription
,,,I figure that your average 'heath care provider',will be chicken to write you a prescription...but,,yuo may be able to talk them into writing a very ambiguous 'note',,that explains that,;"as a doctor,,it seems like Marijuana makes dddd feel less bad than when he does not have it",,"It makes him friendlier and happier.In my professional opinion,dddd should not be prohibited from using Marijuana any time he thinks he needs to..even if he does not need to,but just wants to.It would be wrong to bust dddd because he would never abuse Marijuana"..Elliot Fleener MD......................dddd

[ Post Comment ]
 
Comment #7 posted by FoM on April 10, 2002 at 11:15:40 PT
What Should a Doctor Be To Us?
What I mean is what do we the people want in a Doctor? I know what I want. I want to have a Doctor who cares. Who cares about me as a person. Doctor's can't cure much of anything but they can help prolong the quality of life of his patients. Not just prolong life but the quality of life. Doctor's aren't God but they do have many answers. When I was young the Doctor still came to our house to visit my Grandmother and me too when I was very very young. When my Mother had too much to drink one night she fell down the stairs and I remember waking up and my father and yes our Doctor was there to help. That's a Doctor to me. Someone who looks at the whole person. Specialist's can't I know but General Practioners should be able to PRACTICE medicine because that is what it really is.

I hope this makes sense.

[ Post Comment ]

 
Comment #6 posted by el_toonces on April 10, 2002 at 10:58:50 PT:

Combating prejudice or vested interests?
As I "come out" to more of my health care providers, I am finding they divide into two camps. The first group is those who are glad for the relief I get and want to do what they can to help. The second group becomes very uncomfortable, presumes I am a "substance abuser" and thus those in this camp are not very cooperative. I am finding that those who have prescription privileges fall more often than not into the second category, perhaps as surgeon Dr. O'Connell put it, to protect the "monopoly they hold over the Rx. Pad" [his phrase]. After all, if we could grow our medicine, a lot of docs and pharmacists would not be as well off.

It makes me question which doctors really have my best interests in mind and which just paternalistically claim to have such a concern but really are much more concerned that their Rx privileges or reputations might be harmed. How does one tell the difference?

Lost,

El

[ Post Comment ]

 
Comment #5 posted by Ethan Russo MD on April 10, 2002 at 10:49:52 PT:

FoM
With you in my corner, it is easy to have courage.

In a perverse sort of way, I am glad that the government is pursuing this in such an outrageous display of zealotry and excess. It is demonstrating to the world how irresponsible and dogmatic it is. Who knows these issues better than doctors and patients together? Their ham-handed handling of this situation will definitely hasten the end of cannabis prohibition, if only the courts will be reasonable and proper in their adjudication. I love this country well enough to complain bitterly, and insist that it live up to its own principles of freedom and human rights.

[ Post Comment ]

 
Comment #4 posted by FoM on April 10, 2002 at 10:36:19 PT
Dr.Russo
They better not even consider hassling you. I'm not a very big person but I am full of spitfire! I don't get angry very easily but watch out when I do. Just ask my husband! LOL!

[ Post Comment ]
 
Comment #3 posted by SansSuperego on April 10, 2002 at 10:28:23 PT
Echoing p4me . . .
. . . with regard to "Justice Department attorney Michael Stern said doctors are interfering with the drug war and circumventing the government's judgment that marijuana has no medical benefits":

What this means is that Michael Stern (and thus the Bush administration) is upset because doctors are confusing their patients with the truth. The truth, of all things! How dare those dastardly doctors bring the truth into the equation!

"We can't have any of that truth stuff gettin' out and messing us up all over the place," says the Bush administration. "Why, can you imagine if people start to believe that mary-joo-wanna is medicine? Soon, they'd figger out that the drug war ain't good for 'em, too, an' purty soon later they'll be madder than billy goats after a John Ashcroft visit to the farm!"

SansSuperego

[ Post Comment ]

 
Comment #2 posted by Ethan Russo MD on April 10, 2002 at 10:09:55 PT:

That'll Be the Day
When the government decides to come after me or my colleagues for exercising my free speech rights to discuss all medical option with patients to treat their conditions, that will be a sad day in American history.

The public will not accept it. People who value freedom will rebel. A brain drain is a real possibility. 1984 was supposed to have passed a long time ago. With all the global warming, Farenheit 451 does not seem to be so distant, however.

[ Post Comment ]

 
Comment #1 posted by p4me on April 10, 2002 at 08:54:39 PT
What?
Justice Department attorney Michael Stern said doctors are interfering with the drug war and circumventing the government's judgment that marijuana has no medical benefits.

We all know marijuana has medical value far beyond that of any other species of plant. The government has smart people and when Canada and Holland and soon the UK will have MMJ, we know that the real judgment of most knowledgable people in the government is that it has way too much medical value to argue against. The NO MEDICAL VALUE statement is not a judgment. It is a political position. No one that is an experienced Cnews reader believes that the no medical value belief is really held by many people in high places in the government. We are quite aware of the political position that the administration is holding to for political reasons. I hope everyone reading this understands the importance of finding leaders that can recognize facts and the critical need to send the dunce we have as President back to Texas.

What ever you do, don't smoke. VAAI

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