'POT DOCS' ISSUING 'GET OUT OF JAIL FREE' CARDS

While most think of cancer and AIDS when hearing of medical
marijuana, in recent years most marijuana recommendations have been
issued for far less serious illnesses by a small cadre of "pot docs."
Medical marijuana recommendations seem to be evolving into Get Out of
Jail Free cards rather than treatment for serious medical conditions.

An estimated 95 percent of patients visiting "pot docs" are already
significant pot users seeking approval for their drug use, and a
small group of physicians are willing to fulfill their request.

When California voters approved Proposition 215 in 1996, the full
consequences of the act were not readily apparent to everyone at the
time. Proponents reassured the public that marijuana would still be
illegal for recreational use and was only meant for Californians with
serious health issues.

The act gave seriously ill Californians the right to obtain and use
marijuana for medical purposes when recommended by a physician. In
1996, AIDS patients with wasting disease and chemotherapy patients
with nausea so bad they could not function were the people featured
on advertising sponsored by pro-215 supporters. Proponents urged the
passage to "avoid sending cancer patients to jail."

Opponents of the measure included nearly every law enforcement group
within the state who described the measure as "a cruel hoax" since it
did not actually restrict the use of marijuana to serious illness
like cancer or AIDS but left it open to be allowed for any reason
without a prescription, examination or age requirement.

Slightly more than 55 percent of the voters supported the proposition in 1996.

Current estimates now have up to 350,000 marijuana users in
California with physician recommendations, up from only 100,000 in
2005. Because there is no monitoring of these recommendations and
with no requirement to get a state or county marijuana card, there is
no way to know how many recommendations have actually been issued.

The National Drug Use Survey in 2003 estimated California had 700,000
daily marijuana users and a million more casual users.

While most physicians have kept faith with the voters' intent, a
small minority appear to have used it to feather their own nests or
further their own agenda.

By 2005, 15 pot docs had issued an estimated 50,000 marijuana
recommendations. About 1,500 other physicians, primarily AIDS and
cancer specialists, issued the remaining 50,000 recommendations.
California has 30,000 physicians.

These pot docs collect from $150 to $250 from patients for each
recommendation. Dr. Tod Mikuriya, a physician who helped draft Prop.
215 issued as many as 10,000 recommendations personally before being
sanctioned by the California Medical Association. Mikuriya died
earlier this year.

The CMA has sanctioned several doctors but was handcuffed by a 2004
California court ruling restricting its investigations to patients
who file a complaint and authorize the release of their medical
records. Without a complaint from a pot patient, the CMA has limited
ability to review cases.

This ruling has led to an explosion of marijuana prescription clinics
springing up across California. These new groups of pot docs
advertise in the media and on the internet. Some even maintain around
the clock online verification of the recommendations for cannabis
clubs or law enforcement purposes.

Some clinics were visited by undercover police and reporters
exploring the limits of what the clinics will recommend marijuana
for. One Bay Area reporter said her feet hurt when wearing high heels
and got a recommendation. An undercover police officer in San Diego
requested a marijuana recommendation for his dog, while the pot doc
refused to provide one, he did give the officer a caregiver
authorization to obtain marijuana for the dog. One reporter received
a marijuana recommendation because he had dry skin, another for hair loss.

Those not wishing to visit a pot doc can be designated as a
"caregiver" for someone who has.

With most recommendations valid for one year and typical fees of $150
each, these pot docs seem to have found a $45 million a year business
opportunity. Should the remaining regular or recreational pot users
decide to get their own Get Out of Jail Free cards, the
recommendations could generate as much as $255 million annually and
essentially legalize all marijuana use in California.

Editors Note: As discussed in the previous article in the series,
Marijuana and Medical Science, the active ingredients in marijuana
have been shown effective for treating AIDS wasting disease and
relieving nausea for some chemotherapy patients. These ingredients
also have the potential for treating other serious illnesses such as
multiple sclerosis, depression and neuropathic pain.