Judge bans government from pursuing doctors who recommend marijuana for treatment

Marijuana plants are grown for medicinal purposes

In this story: Lawsuit prompted order Lawyer: Threat had chilling effect RELATED STORIES, SITES

SAN FRANCISCO (CNN) -- The federal government can't prosecute doctors who recommend marijuana as a medical treatment for patients, a federal judge ruled Thursday in California.

U.S. District Court Judge William Alsup, sitting on the bench in San Francisco, issued an injunction permanently banning the government from revoking a physician's license to prescribe medicine "merely because the doctor recommends medical marijuana to a patient based on a sincere medical judgment."

Alsup also blocked the government from initiating an investigation of a doctor solely because he or she prescribes marijuana.

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"This injunction applies whether or not the physician anticipates that the recommendation will in turn be used by the patient to obtain marijuana in violation of federal law," he wrote.

Lawsuit prompted order

Alsup's order stems from a lawsuit filed by a group of California doctors and patients against National Drug Policy Director Barry McCaffrey, who had warned that physicians who recommend marijuana could have their federal licenses yanked. The case became a class-action lawsuit.

A lawyer who represents the doctors and patients welcomed the ruling Thursday.

"It's actually quite significant," said Graham Boyd of the American Civil Liberties Union.

It was unclear whether the government would appeal Alsup's decision, and U.S. Justice Department officials could not be reached Thursday night for comment.

Bags of marijuana are gathered for patients, top, along with a verity of marijuana cookies, bottom.

Lawyer: Threat had chilling effect

Boyd said that by threatening to prosecute doctors considering marijuana as a prescribed treatment, the government effectively discouraged physicians from talking about that option with their cancer and AIDS patients, some of whom used the drug to combat nausea and help maintain weight.

"Doctors have been very chilled from having these conversations, and this (order) really does cure that," he said.

Physicians are licensed by the federal government to prescribe medicines. Without the license, the doctor essentially is out of business. Alsup's ruling, at least for the moment, protects a practitioner's license in the case of marijuana recommendations, Boyd said.

The lawyer said one California doctor was interrogated by federal Drug Enforcement Administration agents shortly after the policy was announced, although no charges were filed. An earlier, preliminary ruling discouraged the DEA from pursuing such cases, Boyd said.

In 1996, California became the first state in the union to enact a voter initiative legalizing the use of marijuana in serious medical cases. The federal government is challenging the law.

Five other states have followed suit with their own initiatives: Oregon, Washington, Alaska, Hawaii and Maine. Others also are considering it, Boyd said.

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