Federal court in California hears arguments on medicinal use of marijuana

Case pits doctor against feds

August 3, 2000
Web posted at: 11:35 p.m. EDT (0335 GMT)

From Greg Lefevre
CNN San Francisco Bureau Chief

SAN FRANCISCO (CNN) -- A federal judge is pondering arguments over California's voter-approved law that allows very sick patients under a doctor's care to use marijuana for medical purposes.

Although the state law was passed in 1996, marijuana remains illegal under federal law, and federal authorities have threatened that a doctor who even suggests marijuana use to a patient could lose his license.

"That means that a patient walks into my exam room, and I close the door, and I tell them something that the government objects to, they can take away my right to make a living, they can take away my right to practice medicine, they can take away my right to tell you what I honestly believe is true," said Dr. Marcus Conant of San Francisco.

No doctor yet has had his or her license revoked, but the threat remains.

Federal prosecutors are especially nervous about pro-marijuana opinions that conflict with federal law, especially when those opinions come from so respected a source as the family doctor.

ACLU enters the fight

But Conant, supported by the American Civil Liberties Union, argues the federal prohibition is censorship, and he sued in federal district court.

"They do not want doctors talking about marijuana to their patients at all," said Graham Boyd of the ACLU. "And they're willing to use federal power to try to censor, to stifle physicians."

In hearings Thursday, Justice Department attorney Joseph Lobue argued that federal law against marijuana should prevail.

"There is a national standard here," he said, arguing that using marijuana should not be up to a single physician.

Federal Judge William Alsup seemed unbelieving. "Who better," asked the judge, "to decide the health of a patient, than a doctor."

The California Medical Association agrees, saying in January that "A desperate patient with the advice of his or her physician must be able to explore all potential courses of treatment."

Alsup's ruling, expected in several weeks, will affect several other states that have approved similar medicinal marijuana measures, including Alaska, Arizona, Hawaii, Maine, Nevada, Oregon and Washington.

Long legal fight expected

A California patient needing marijuana would go to a marijuana organization in Oakland, which is also fighting in federal court to stay open.

"I'm very disappointed and disheartened by our government being so indifferent to people who are sick and dying," said Jeff Jones of the Oakland Cannabis Buyer's Cooperative.

Both sides of the debate agree on one thing: The issue will likely wind up in the Supreme Court.

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