DOCTOR COULD LOSE LICENSE OVER MARIJUANA

OAKLAND -- A doctor who recommended that thousands of his patients use
marijuana is facing charges that could cost him his medical license, but
the physician and his supporters say the case is merely an attempt to hush
a vocal advocate for medicinal use of the drug.

Tod H. Mikuriya, 69, wrote marijuana recommendations for 7,500 of his
patients without conducting sufficient medical examinations, according to
officials with the Medical Board of California, which has moved to revoke
or suspend the doctor's license.

But Mikuriya's defense team has asked an administrative law judge to
dismiss the accusation, citing California's voter-approved law that allows
doctors to recommend marijuana to sick patients. A judge heard arguments in
the case last week and is expected to rule on Mikuriya's motion in three weeks.

Mikuriya, of Berkeley, has been at the forefront of medical marijuana
advocacy for decades and has written a book with Ed Rosenthal, a renowned
medical marijuana advocate who faced his own legal case earlier this year.

"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 controversy surrounding Mikuriya comes as the Bush administration is
stepping up its efforts to crack down on doctors who approve marijuana use.
State law allows doctors to recommend marijuana in Alaska, Arizona,
California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington.

Last week, the administration asked the U.S. Supreme Court to let federal
authorities punish doctors who recommended pot to their patients. The move
was in response to a San Francisco-based federal appeals court's October
ruling that the Justice Department may not investigate doctors merely for
recommending marijuana.

Mikuriya is among nearly a dozen California physicians under investigation
by the medical board in connection to medical marijuana recommendations.
Some of the doctors have written more recommendations than Mikuriya.

Torrance doctor William Eidelman is the only doctor currently under
suspension by the board in connection to medical marijuana approvals.
Eidelman is fighting that suspension. At least one other
marijuana-recommending doctor in California was temporarily suspended from
practicing medicine.

The medical board, meanwhile, stresses that the accusation against Mikuriya
has nothing to do with marijuana. Deputy Attorney General Lawrence Mercer,
who represents the medical board, told the judge Friday that the charges
against Mikuriya are about "a doctor practicing without doing what a good
doctor has to do."

Hallye Jordan, a spokeswoman for Attorney General Bill Lockyer, said
doctors are required to perform a physical exam, check the patient's
medical history and do follow-up work.

"We believe that Dr. Mikuriya did not provide that responsible, standard
care," Jordan said.

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 issuing a recommendation.

Mikuriya, a psychiatrist specializing in the history of medical cannabis,
insists marijuana is very effective in alleviating chronic pain, muscle
spasms, depression and alcoholism.

"This is very much like a holy war, not based on science or medicine, but
based on ignorance and incorrect information," Mikuriya said.

Frank Lucido, another Berkeley doctor who is under investigation for having
recommended marijuana to a 16-year-old patient, said the accusations
against Mikuriya are having "a chilling effect to other doctors" who
recommend marijuana.

The case is In the Matter of the Accusation Against Tod Mikuriya,
12-1999-98783.