Time: Fri Apr 25 05:39:28 1997
by primenet.com (8.8.5/8.8.5) with ESMTP id EAA29147;
Fri, 25 Apr 1997 04:57:56 -0700 (MST)
by usr07.primenet.com (8.8.5/8.8.5) with SMTP id EAA02458;
Fri, 25 Apr 1997 04:57:51 -0700 (MST)
Date: Fri, 25 Apr 1997 05:20:27 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Prop. 215 Victory HANDS OFF DOCTORS, Judge Orders Feds
(fwd)
<snip>
>
>Please copy and distribute.
>--------------------------
>
> PRESS RELEASE FROM AMERICANS FOR MEDICAL RIGHTS
>
> _Prop. 215 Victory_
>
> HANDS OFF DOCTORS, Judge Orders Feds
>
>
>SAN FRANCISCO, April 11 - In a stunning victory for
>Proposition 215, Federal Judge Fern Smith today issued a
>temporary restraining order (TRO) blocking all federal
>officials from punishing doctors who recommend medical
>marijuana to their patients.
>
>Dave Fratello, spokesman for Americans for Medical Rights,
>which sponsored Prop. 215, said, "Today's ruling protects
>doctors and patients and Proposition 215. The federal
>government's threats of a `war on doctors' to thwart Prop.
>215 have been found to be constitutionally suspect. It is
>time for drug czar Barry McCaffrey and the Clinton
>administration to end their threats and let Prop. 215 work
>as the voters intended."
>
>The TRO imposed today by Judge Smith effectively means that
>physicians in California cannot be punished for discussing
>or recommending medical marijuana while the case proceeds.
>
>"Judge Smith agrees with the physicians who have challenged
>the government policy," Fratello said, "The government says
>doctors can discuss medical marijuana with patients, but not
>recommend it, as called for in Prop. 215. Judge Smith said
>that the distinction between `discuss' and `recommend' is
>too vague to guide physicians. How can a doctor `discuss'
>medical marijuana if there is only one kind of advice
>permitted: to just say no?"
>
>The lawsuit, a class action filed January 14 by several
>prominent physicians and four medical marijuana patients,
>seeks an injunction against federal officials to permanently
>bar threatened punishments of physicians who might recommend
>medical marijuana, including the loss of licenses to
>prescribe drugs, cutoff from Medicare and Medicaid
>eligibility, and the risk of criminal prosecution. The TRO
>is a step in that direction, although it is binding only
>while settlement discussions ordered by the judge take
>place.
>
>The plaintiffs are represented by the San Francisco firm of
>Altshuler, Berzon, Nussbaum, Berzon and Rubin, and the
>American Civil Liberties Union of Northern California.
>
> ###
>
>Note: The TRO issued today prevents any future punishment
>of physicians who discuss or recommend marijuana while the
>TRO is in effect, which will be at least 10 days to permit
>settlement negotiations.
>
>------------------------------------------------------------
>Join DRCNet! Visit our world-wide-web registration form at
>http://www.drcnet.org/drcreg.html (complete with credit card
>billing and encryption for your protection), or send e-mail
>to drcinfo@drcnet.org for more information. To subscribe to
>the rapid response team, send e-mail to listproc@drcnet.org
>with the line "subscribe drc-natl <your name>" in the
>message. We need your help to survive! (If you're not on
>our list already, please visit our quick-signup form at
>http://www.drcnet.org/signup.html on the world-wide-web.)
>------------------------------------------------------------
>
> Drug Reform Coordination Network (DRCNet)
>4455 Connecticut Ave., NW, Suite B-500, Washington, DC 20008
> (202) 362-0030 (voice) / (202) 362-0032 (fax)
> drcinfo@drcnet.org / http://www.drcnet.org
>
>
>**************************************************************************
>Subscribe to Freematt's Alerts: Pro-Individual Rights Issues
>Send a blank message to: freematt@coil.com with the words subscribe FA
>on the subject line. List is private and moderated (7-30 messages per week)
>Matthew Gaylor,1933 E. Dublin-Granville Rd.,#176, Columbus, OH 43229
>Archived at http://www.reference.com/cgi-bin/pn/listarch?list=FA@coil.com
>**************************************************************************
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
========================================================================
Return to Table of Contents for
Supreme Law School: E-mail