A RULING AGAINST PAIN

Justices Draw A Line To Hold Back Federal Crackdown

The federal government cannot punish doctors who recommend the
medicinal use of marijuana.

The U.S. Supreme Court upheld that position -- and the underlying
principle of physician-patient confidentiality -- on Tuesday when it
refused to intervene in an appeals court ruling on the issue. In doing
so, the court at least drew a line over which the feds can't cross in
their effort to crack down on California and other states that passed
initiatives encouraging cancer, AIDS and other patients to seek relief
through marijuana. That line is the First Amendment.

The Supreme Court set up a paradox two years ago, when it ruled that
states can't pre-empt federal drug laws that ban pot for any reason.
The decision against the Oakland Cannabis Buyers Club -- a co-op for
patients who use marijuana -- shut down California-sanctioned channels
for patients with prescriptions from doctors.

Since then, though, states and the feds have continued to tussle. This
week, Gov. Gray Davis signed a bill, sponsored by Sen. John
Vasconcellos of San Jose, to establish a state-issued identification
card for patients with a physician's recommendation to use marijuana.
The ID system is intended to discourage local and state police from
arresting card holders on drug charges.

The decision by the 9th Circuit Court of Appeals that the high court
let stand dealt with speech, not drug enforcement, an important
distinction.

After California voters passed Proposition 215, the medical marijuana
initiative, the Clinton and then the Bush administrations threatened
to prevent any doctor who recommended medical marijuana from
prescribing any drugs at all. This, the appeals court said, would stop
doctors from giving information that their patients have a right to
hear. ``Physicians must be able to speak frankly to patients,'' Chief
Judge Mary Schroeder wrote.

The 9th Circuit's decision will apply only to the seven states in its
jurisdiction with medical marijuana laws. And it won't halt federal
drug agents from ignoring Proposition 215 and the new ID cards.

But it will end the intimidation of doctors and make it easier for
people in pain to find comfort.