MEDICAL MARIJUANA STILL TOO HOT TO HANDLE IN COLORADO

Doctors Still Leery Of Prescribing Drug Despite Tuesday's Federal Ruling

Recommending marijuana for cancer and AIDS patients remains a legal
liability for local doctors, despite a federal ruling Tuesday that upheld
patients' rights to use pot in states with medical marijuana laws,
including Colorado.

"I'm not going to do it until it becomes an accepted medical practice,"
said Dr. Dean Beasley, a Boulder family practitioner.

This week, the 9th Circuit Court of Appeals ruled that it is
unconstitutional to prosecute medical marijuana users in nine states under
the 1970 Controlled Substances Act, which bars use of marijuana as well as
heroin and a host of other drugs nationwide. The Justice Department has
maintained that the federal law overrides medical marijuana laws passed in
Colorado, Alaska, Arizona, Hawaii, Maine, Maryland, Nevada, Oregon,
Washington and California.

While the ruling was considered a victory for medical marijuana proponents,
it has no legal teeth in Colorado, which falls within the jurisdiction of
the 10th Circuit Court.

"This decision, at this point, means very little as it pertains to the 10th
Circuit," said Jeff Dorschner, U.S. Attorney's Office spokesman for Colorado.

"What is important to remind is that the Department of Justice focuses on
large-scale distributors of marijuana."

The U.S. Attorney, Dorschner said, is focused on marijuana traffickers,
including those who use state medical marijuana laws as a shield.

Colorado's law, passed in 2000, allows license holders to legally grow or
possess marijuana. Doctors can only recommend, not prescribe it - and
patients are given no assistance in obtaining the drug.

Those who may apply for certification include critically ill people
suffering from severe pain and nausea, seizures, muscle spasms, HIV/AIDS,
glaucoma, cancer or cachexia.

Still, state Attorney General Ken Salazar has urged federal authorities to
prosecute anybody who sells, distributes or grows marijuana, even if they
qualify under the state program.

Salazar and Gov. Bill Owens have warned doctors they risk federal
prosecution if they sign marijuana certificates.

"There is still a huge concern over the way the federal government looks at
this," said Chuck Stout, Boulder County Public Health director. Statewide,
213 doctors have signed a physician certification form, recommending that
patients use marijuana; 12 of those doctors are in Boulder County.

There are 372 people - 19 from Boulder County - who have applied for the
registry. Three were denied due to incomplete applications and some have
died, said Gail Kelsey, state Medical Marijuana Registry administrator.

Oregon, which has a similar law, has more than 4,000 certified users.

Kelsey said Colorado's registry is confidential - even to the eyes of
federal law enforcers.

"Law enforcement can call and get a yes or no answer about whether someone
is on the registry," she said.

"Doctors are afraid because they still believe that if they're caught that
the (federal Drug Enforcement Agency) will take away their licenses to
prescribe medications. That's not the case."

However, such assurances don't quell physicians' fears.

"Nobody wants to be a test case with (U.S. Attorney General) John
Ashcroft," Boulder family doctor Beasley said. "They have the power. This
comes down to power versus reasoning ... people have voted these laws in,
doctors see the need and patients have the need."

The Associated Press contributed to this report.