BUSH SEEKS TO SNUFF POT PRESCRIPTIONS

Wants Permission To Punish Doctors Public Protection vs. Free Speech Issue

WASHINGTON-The Bush administration wants the U.S. Supreme Court's
permission to strip prescription licenses from doctors who recommend
marijuana to sick patients.

The administration, which has taken a hard stand against state medical
marijuana laws, asked the high court to strike down an appeals court
ruling that blocked the punishment, or investigation, of physicians
who tell patients they may be helped by the drug.

The administration's appeal, filed this week, gives the Supreme Court
a chance to revisit the subject of legalized marijuana. Two years ago,
the court ruled there is no exception in federal drug laws for people
to use pot to ease pain from cancer, AIDS or other illnesses.

That case also involved a ruling of the San Francisco-based 9th U.S.
Circuit Court of Appeals.

Solicitor-General Theodore Olson said the latest 9th Circuit decision
keeps the U.S. Drug Enforcement Administration from protecting the
public.

He said the ruling licenses doctors to treat patients with illegal
drugs and that physicians who urge patients to use pot are no
different than those recommending heroin or LSD.

Medical marijuana laws are on the books in Alaska, Arizona,
California, Colorado, Hawaii, Maine, Nevada, Oregon and Washington.

At issue is a policy, put in place during the Clinton administration,
which requires the revocation of federal prescription licenses of
doctors who recommend marijuana.

The appeals court said the policy interferes with free-speech rights
of doctors and patients. Physicians should be able to speak candidly
with patients without fear of government sanctions, the court said,
but can be punished if they actually help patients obtain the drug.

Graham Boyd, an American Civil Liberties Union lawyer representing
patients, doctors, and other groups, said a government victory at the
high court would gut the medical marijuana laws and hurt
doctor-patient relationships.

"This case is about doctors providing honest and accurate medical
advice to patients and the government wanting to censor that advice
and leave patients to the Internet, their friends and back alley
information in order to make medical decisions," Boyd said yesterday.

Justices will likely decide this fall whether to review the
case.

The case is Walters v. Conant, 03-40.