MEDICAL MARIJUANA DOCTOR FACING REVOCATION OF LICENSE

OAKLAND - A doctor who recommended that thousands of his patients use
marijuana is facing charges that could cost him his medical license,
but the physician and his supporters say the case is merely an attempt
to hush a vocal advocate for medicinal use of the drug.

Tod H. Mikuriya, 69, wrote marijuana recommendations for 7,500 of his
patients without conducting sufficient medical examinations, according
to officials with the Medical Board of California, which has moved to
revoke or suspend the doctor's license.

But Mikuriya's defense team has asked an administrative law judge to
dismiss the accusation, citing California's voter-approved law that
allows doctors to recommend marijuana to sick patients. A judge heard
arguments in the case last week, and is expected to rule on Mikuriya's
motion in three weeks.

Mikuriya, of Berkeley, has been at the forefront of medical marijuana
advocacy for decades, and has written a book with Ed Rosenthal, a
renowned medical marijuana advocate who faced his own legal case
earlier this year.

"Dr. Mikuriya is the biggest fish, the most visible advocate who has
been writing on this for 40 years," said John Fleer, one of Mikuriya's
attorneys.

The controversy surrounding Mikuriya comes as the Bush administration
is stepping up its efforts to crack down on doctors who approve
marijuana use. State law allows doctors to recommend marijuana in
Alaska, Arizona, California, Colorado, Hawaii, Maine, Nevada, Oregon
and Washington.

Last week, the administration asked the U.S. Supreme Court to let
federal authorities punish doctors who recommended pot to their
patients. The move was in response to a San Francisco-based federal
appeals court's October ruling that the Justice Department may not
investigate doctors merely for recommending marijuana.

Mikuriya is among nearly a dozen California physicians under
investigation by the medical board in connection to medical marijuana
recommendations. Some of the doctors have written more recommendations
than Mikuriya.

Torrance doctor William Eidelman is the only doctor currently under
suspension by the board in connection to medical marijuana approvals.
Eidelman is fighting that suspension. At least one other
marijuana-recommending doctor in California was temporarily suspended
from practicing medicine.

The medical board, meanwhile, stresses that the accusation against
Mikuriya has nothing to do with marijuana.

Deputy Attorney General Lawrence Mercer, who represents the medical
board, told the judge Friday that the charges against Mikuriya are
about "a doctor practicing without doing what a good doctor has to
do."

Hallye Jordan, a spokeswoman for Attorney General Bill Lockyer, said
doctors are required to perform a physical exam, check the patient's
medical history and do follow-up work.

"We believe that Dr. Mikuriya did not provide that responsible,
standard care," Jordan said.

Mikuriya disputes the allegations.

"They say I didn't see them, I didn't examine them. That's absolutely
untrue," Mikuriya said, arguing he spends at least 15 minutes with
each patient before issuing a recommendation.

Mindy Devereax, 51, said her life has dramatically changed since she
met Mikuriya three years ago and started using medical marijuana.

"Within 15 minutes, he understood, recognized and diagnosed my
problems," said the Albany resident who is recovering from a brain
injury and suffers from chronic pain and depression following a car
accident.

"I cannot tolerate this much pain. He is the only one who saved my
life," she said.

Mikuriya, a psychiatrist specializing in the history of medical
cannabis, insists marijuana is very effective in alleviating chronic
pain, muscle spasms, depression and alcoholism.

"This is very much like a holy war, not based on science or medicine,
but based on ignorance and incorrect information," Mikuriya said.

Frank Lucido, another Berkeley doctor who is under investigation for
having recommended marijuana to a 16-year-old patient, said the
accusations against Mikuriya are having "a chilling effect to other
doctors" who recommend marijuana.

The case is In the Matter of the Accusation Against Tod Mikuriya,
12-1999-98783.