Medicinal Pot Sanctions Suspended

Boosters of medical marijuana scored a victory Friday when a judge in San Francisco banned the federal government at least temporarily from carrying out threats to punish California doctors who recommend marijuana to patients.

U.S. District Judge Fern Smith issued a temporary restraining order barring the government from retaliating against physicians and urged both sides to settle their differences.

Backers of medical marijuana, which was legalized in California by November’s Proposition 215 but remains illegal under federal law, called Smith’s ruling a major victory.

“Today’s ruling protects doctors and patients and Proposition 215,” said Dave Fratello, a spokesman for Americans for Medical Rights, which sponsored the initiative. He said it is time for Clinton administration officials “to end their threats and let Proposition 215 work as the voters intended.”

Patricia Seitz, chief lawyer for Clinton’s office of drug policy, said she was disappointed by the ruling, but expressed hope that a compromise could be reached.

“I look forward to the opportunity to work in the settlement process,” she said after the judge’s ruling. “I hope it can be fruitful.”

The lawsuit was filed by several Bay Area doctors and patients after federal officials threatened a crackdown in the aftermath of Proposition 215, which allows the possession and cultivation of marijuana for medical use if recommended by a doctor.

Federal drug czar Barry McCaffrey announced in December that doctors who recommend marijuana would face the loss of their federal authority to prescribe medicine, be excluded from Medicare and potentially face criminal prosecution.

Although there have been only isolated episodes of federal drug agents contacting doctors, the federal decree prompted protests from physicians who are interested in medical marijuana as a potential treatment for patients suffering nausea from cancer chemotherapy, AIDS wasting or glaucoma. The doctors said it had a chilling effect on their ability to talk with patients about the drug.

U.S. officials in February attempted to clarify their position in a letter to medical leaders stressing that they could discuss the use of marijuana as medicine with patients, but could not recommend it as a treatment as outlined in Proposition 215.

During Friday’s court hearing, Smith said the difference between “discuss” and “recommend” was unclear, leaving physicians grappling to understand what they could discuss with patients. In a written ruling, she said the lawsuit raises “at least a serious question” as to whether the government threats were undermining physicians’ rights to free speech.

The judge said there is “very little substantive difference between the positions” held by the government and the doctors, but that it had created a “significant” uncertainty within the medical community.

Smith’s order will stand until at least Thursday, when the two sides are scheduled to meet for settlement talks. If those break down, the judge could issue an injunction against the government, which has asked that the suit be dismissed.

The injunction could be appealed by the government, but would otherwise stand until a trial on the case was concluded.