CALIFORNIA DOCTOR FACES SANCTIONS OVER POT

OAKLAND, Calif. -- In a state where doctors are allowed to suggest
marijuana for medical purposes, a medical panel is trying to suspend or
revoke the license of a physician who has written 7,500 marijuana
recommendations for his patients. Dr. Tod H. Mikuriya, 69, is accused of
writing those recommendations without conducting sufficient medical exams
and of improperly maintaining medical records.

The case has nothing to do with marijuana itself, says the Medical Board of
California, which licenses physicians.

But Mikuriya, of Berkeley, and his supporters view the accusation as a
political attempt to hush the vocal psychiatrist, who has been at the
forefront of medical marijuana advocacy for decades and has written
extensively on the topic.

The accusations are having "a chilling effect to other doctors," said Frank
Lucido, another Berkeley physician, who is under investigation for
recommending marijuana to a 16-year-old patient.

Mikuriya's lawyers have asked an administrative law judge to dismiss the
accusations against him, citing Proposition 215, the 1996 voter-approved
measure allowing California doctors to recommend marijuana to sick
patients. Judge Jonathan Lew heard arguments Friday and is expected to rule
in three weeks.

"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 accusation comes as the Bush administration is stepping up its efforts
to crack down on doctors who approve marijuana. Doctors are allowed to
recommend marijuana in Alaska, Arizona, California, Colorado, Hawaii,
Maine, Nevada, Oregon and Washington.

Last week, the Bush administration asked the U.S. Supreme Court to let
federal authorities punish doctors who recommend pot to their patients. The
move was in response to a San Francisco-based 9th U.S. Circuit Court of
Appeals ruling in October that physicians had a constitutional right to
speak candidly with their patients about marijuana without fear of
government sanctions.

Mikuriya is among nearly a dozen California physicians under investigation
by the medical board in connection with medical marijuana recommendations.
Some of the doctors have written more recommendations than he has. One
already is on suspension in connection with medical marijuana practices.

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

"The standard requires physical exam, medical history, mental status exam,
follow-ups to ensure that medication or treatment is working," said Hallye
Jordan, a spokeswoman for Attorney General Bill Lockyer. "We believe that
Dr. Mikuriya did not provide that responsible, standard care."

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 recommending marijuana.

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

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

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