"Faced with a lawsuit challenging the constitutionality of
its efforts to stop doctors from recommending medical use
of marijuana, the federal government" sent a letter last
week to medical groups across the country stating that
physicians "are free to discuss the potential benefits and
risk of marijuana with patients." The letter warned,
however, that doctors "still face legal sanctions if they
intentionally provide patients with a recommendation that
can be used to obtain marijuana." WASHINGTON POST reports
that the letter, jointly issued by the Department of Health
and Human Services and the Justice Department, "attempts to
draw a line between medical office discussions protected by
the First Amendment and those that run afoul of the law"
(Suro, 3/2).
LETTER OF THE LAW: The letter to 250 medical
groups said that "no 'gag rule' stops physicians" from
discussing the medical use of marijuana. AP/WASHINGTON
TIMES reports that "the letter was distributed as the
administration ... filed (Friday) its response to a lawsuit
by a San Franciscobased group of doctors arguing that
federal policy threatens doctors' right to discuss medical
issues with patients." While the letter said that
physicians are encouraged to discuss "any procedure,
treatment, substance or device that may affect a patient's
health," it noted that "such discussions 'have their
limits.'" The letter also said that doctors who
"intentionally provide patients with oral or written
statements in order to enable them to obtain controlled
substances in violation of federal law" could face criminal
prosecution or professional sanction.
VICTORY?: Despite repeated government claims that the
letter is not a retreat, backers of medical marijuana
see it as a win (AP/WASHINGTON TIMES, 3/1).
"What we have here is a reversal by the federal government that for once
speaks of common sense," said Jim Gonzalez, deputy director of
Americans for Medical Rights. He added, "I think it's a
substantial victory for patients' rights and the rights of
physicians" (POST, 3/2). However, administration officials
"rejected the notion that the letter signaled a retreat.
One said the warning about criminal prosecution, among
other punishments, "is a skyblue day in January. That is
pretty clear" (AP/WASHINGTON TIMES, 3/1).