Washington, DC: The Bush administration has asked the Supreme Court to review a unanimous Ninth Circuit Court of Appeals decision upholding the rights of physicians to discuss the medical use of marijuana with their patients. The administration filed an appeal with the high court last week, arguing that the ruling prevents the Drug Enforcement Administration (DEA) from protecting the public from the threat of illegal drugs.
On numerous occasions, federal officials have threatened to revoke the federal licenses of physicians who recommend marijuana therapy to their patients in compliance with state law. Last year, the Ninth Circuit enjoined the Justice Department from imposing criminal sanctions on doctors who speak about the medical use of pot, finding that such a “gag order” would violate physicians’ First Amendment right to free speech.
A doctor’s recommendation that his or her patient may benefit from the medical use of marijuana “does not itself constitute illegal conduct” and therefore “does not interfere with the federal government’s ability to enforce its laws,” Chief Judge Mary Schroeder wrote for the Ninth Circuit.
Nine states have laws eliminating criminal penalties for patients who use marijuana under a doctor’s supervision.
For more information, please contact Keith Stroup, NORML Executive Director, at (202) 483-5500.