Important note: Information in this article was accurate in 1996. The state of the art may have changed since the publication date.
The Associated Press - Tuesday, December 31, 1996
Jane E. Allen, AP Science Writer
Beer said an AIDS patients at his Los Angeles clinic says marijuana is the only thing that reduces his nausea. But the doctor won't prescribe it until the legal confusion is cleared up.
"From a legal standpoint, the physician puts himself in a precipitous situation," said Beer, who spent two days studying the new law and consulted an attorney. "It's extremely frustrating."
Voters in California and Arizona approved referendums in November allowing the use of marijuana for certain illnesses.
But on Monday, retired Army Gen. Barry McCaffrey, the Clinton administration's drug czar, said doctors in both states could lose prescription-writing privileges or face criminal charges for recommending the drug. The doctors could also be excluded from the Medicare and Medicaid programs.
"It's a shame," said Dr. Richard Cohen of San Francisco. "The federal government is stepping in and literally intimidating ... a patient population that could be helped."
"It's a McCarthy-era kind of thing, or McCaffrey-era if you will. It's a witch-hunt for doctors," said registered nurse Lynne Barnes, who works at the Cannabis Buyers' Club of San Francisco.
Some research has suggested marijuana is useful in relieving internal eye pressure in glaucoma, for controlling nausea in cancer patients on chemotherapy, and for combating wasting -- a severe weight loss associated with AIDS.
However, several experts say there is no proven medical use for smoked marijuana. Better drugs exist to treat nausea, HIV-related wasting and glaucoma, said Dr. John Glaspy, medical director of the oncology center at University of California, Los Angeles.
"I don't see any value in it at all," Glaspy said.
Dr. Jeffrey Singer, a Phoenix surgeon, said his state's law was crafted specifically so it would not conflict with federal law.
"If they're going to take away a doctor's license because he rendered his opinion on paper, that's a First Amendment issue," Singer said. "What we're trying to do is provide (doctors) with a legal defense."
The California measure, passed Nov. 5, removed criminal sanctions for use or cultivation of marijuana by seriously ill people whose doctors have recommended it. A similar law passed the same day in Arizona says that someone arrested for possession who has a prescription from a doctor should be released.
Dr. Spence Thompson, a Phoenix oncologist, said he objected to the federal government "stepping in clinically and telling me what's best for my patients."
With no clear path to follow, many doctors will simply refuse to prescribe marijuana to patients who need it, Beer said.
"There is a lot of confusion surrounding this issue," Beer said. "It is not in the interest of the physician to make any recommendations or prescriptions at this time."
961231
AP961227
Copyright © 1996 - Associated Press. Reproduction of this article (other than one copy for personal reference) must be cleared through the AP Permissions Desk.
AEGiS is a 501(c)3, not-for-profit, tax-exempt, educational corporation. AEGiS is made possible through unrestricted funding from Broadway Cares/Equity Fights AIDS, Elton John AIDS Foundation, National Library of Medicine, Pacific Life Foundation, and donations from users like you.
Always watch for outdated information. This article first appeared in 1996. This material is designed to support, not replace, the relationship that exists between you and your doctor.
AEGiS presents published material, reprinted with permission and neither endorses nor opposes any material. All information contained on this website, including information relating to health conditions, products, and treatments, is for informational purposes only. It is often presented in summary or aggregate form. It is not meant to be a substitute for the advice provided by your own physician or other medical professionals. Always discuss treatment options with a doctor who specializes in treating HIV.
Copyright ©1980, 1996. AEGiS. All materials appearing on AEGiS are protected by copyright as a collective work or compilation under U.S. copyright and other laws and are the property of AEGiS, or the party credited as the provider of the content. .