San Francisco Chronicle - Sunday, July 27, 2003
Hilary McQuie**

So I refer them to one of the doctors courageous enough to stand behind patients. Unfortunately, there are only a few.

It's true that since the passage of California's Compassionate Use Act of 1996, more than 1,500 physicians statewide have recommended medical cannabis to their patients. But over 80 percent of medical cannabis recommendations have come from 10 doctors. Many of the others that have made recommendations will only agree to do so if the patient has a terminal illness, despite the widespread understanding that marijuana is also effective in treating many nonterminal illnesses.

Sadly, rather than recognize either the fear that inhibits many physicians or the courage of these brave few, the California Medical Board has looked at these statistics and brought nine of the 10 under investigation.

But these are not simple "scrip docs" who are cashing in on Californians seeking prescriptions for recreational use. In fact, though over 30,000 Californians have obtained recommendations, doctors believe many more would benefit from the anti-nausea, anti-spasmodic, analgesic and appetite- increasing properties of marijuana. Over 110,000 Californians live with HIV/AIDS, over 125,000 will be diagnosed this year with cancer and over 10,000 have multiple sclerosis. Marijuana may well be part of the constellation of helpful treatments for all of them, but too many will never know, because -- eight years later -- they still do not have the safe and legal access the law guarantees them.

One of the physicians working to implement the law is Dr. Tod Mikuriya, a leading authority on the medical use of cannabis. Since California's medical marijuana law was enacted in 1996, Dr. Mikuriya has approved the use of marijuana for 7,500 patients. And gotten himself investigated.

The state medical board does not seem to understand that Dr. Mikuriya has been busy putting into practice the American Medical Association's third principle of medical ethics, "A physician shall respect the law and also recognize a responsibility to seek changes in those requirements which are contrary to the best interests of the patient."

Nor do they seem to understand that California's Compassionate Use Act stipulates that, "no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes." Last year's ruling from the U.S. Court of Appeals in San Francisco further affirmed doctors' First Amendment right to recommend medical cannabis, and prohibited the federal government from investigating or punishing physicians for talking to their patients about how marijuana might help them.

Certainly, these are fearful times for doctors fully exercising their ethics. This month, the U.S. solicitor general filed papers with the U.S. Supreme Court requesting that the court overturn the unanimous decision in Conant, seeking to allow the Justice Department to investigate any physician who mentions the word "marijuana" to patients and to sanction those who approve it for patient use.

Doctors everywhere need to find the courage that Dr. Mikuriya and too few others have exhibited on this issue. They will join a growing chorus of resistance to the federal campaign against patients and doctors who decide on a medical marijuana treatment. For example, members of the House of Representatives voted last week on an amendment that would put a stop to the federal government's attack on state medical marijuana laws. Although the bipartisan amendment failed 152 to 273, the level of congressional support for medical marijuana was the highest ever and indicates that federal law is moving rapidly toward reform.

Fear of sanctions should not prevent any physician from offering honest, well-informed medical advice. State law requires it, federal court rulings still protect it and the Hippocratic oath demands it.

** Hilary McQuie is the political director of Americans for Safe Access (www.safeaccessnow.org), a medical marijuana patients' advocacy organization.

030727
SC030720

Always watch for outdated information. This article first appeared in 2003. 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, 2003. 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. .