Y’know, with the War in Iraq, the War on Terror, and, heck, even the front lines of the War on Drugs, you’d still think Bush and Ashcroft and the DoJ would have something better to do than pursue this case to the US Supreme Court.
They lost a Federal Appeals Court decision that said doctors could not have their federal prescription privileges (which lets them prescribe controlled substances) yanked if they recommended medical marijuana to their patients. Such a recommendation is necessary under California’s MM law.
In the 3-0 appellate decision, Chief Judge Mary Schroeder said federal authorities can prosecute doctors for helping patients acquire illegal drugs, but not for simply giving medical advice that might let a patient obtain marijuana. She said the federal policy clashed not only with free speech but also with the states’ traditional authority over the practice of medicine.
[…] The Justice Department’s Supreme Court appeal argues that a physician’s “recommendation” under California law is the equivalent of a prescription for illegal drugs, an action the government can forbid without violating free speech.
Department lawyers said the federal policy would not penalize a doctor for merely discussing marijuana with a patient — as long as the doctor makes it clear that the drug is illegal under federal law, that federal authorities consider it dangerous and medically useless, and that the doctor is not recommending it.
I have no problems with the first two clauses listed here, but preventing a doctor from recommending something, even if that allows a patient to get a prescription, really does smack of violating free speech.
Glad to see the Attorney General is so zealous at protecting our freedoms …
(via Samizdata)
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