{"id":21,"date":"2003-07-12T09:06:15","date_gmt":"2003-07-12T14:06:15","guid":{"rendered":"http:\/\/hill-kleerup.org\/blog\/wp\/?p=21"},"modified":"2013-06-05T10:55:28","modified_gmt":"2013-06-05T16:55:28","slug":"going_to_pot","status":"publish","type":"post","link":"https:\/\/hill-kleerup.org\/blog\/2003\/07\/12\/going_to_pot.html","title":{"rendered":"Going to pot"},"content":{"rendered":"

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 <\/i>think Bush and Ashcroft and the DoJ would have something better to do than pursue this case to the US Supreme Court<\/a>.<\/p>\n

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.<\/p>\n

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.
\n[…] 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.
\nDepartment 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.<\/p>\n

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.<\/p>\n

Glad to see the Attorney General is so zealous at protecting our freedoms …<\/p>\n

(via Samizdata<\/a>)<\/small><\/p>\n","protected":false},"excerpt":{"rendered":"

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…<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_seopress_robots_primary_cat":"","_seopress_titles_title":"","_seopress_titles_desc":"","_seopress_robots_index":"","_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[371,8],"tags":[],"class_list":["post-21","post","type-post","status-publish","format-standard","hentry","category-war-on-drugs","category-zt-pc"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack-related-posts":[{"id":5216,"url":"https:\/\/hill-kleerup.org\/blog\/2003\/10\/14\/appealing.html","url_meta":{"origin":21,"position":0},"title":"Appealing","author":"***Dave","date":"Tue 14-Oct-03 10:03am","format":false,"excerpt":"The Supreme Court has supported an appelate court ruling that bars the Federal Government from punishing doctors that discuss marijuana with their patients. They did so by refusing to hear...","rel":"","context":"In "War on Drugs"","block_context":{"text":"War on Drugs","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law\/war-on-drugs"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":24162,"url":"https:\/\/hill-kleerup.org\/blog\/2011\/12\/02\/what-we-have-out-here-on-the-ground-is-chaos.html","url_meta":{"origin":21,"position":1},"title":""What we have out here on the ground is chaos"","author":"***Dave","date":"Fri 2-Dec-11 2:57pm","format":false,"excerpt":"I would criticize GOP congresscritters and federal executives for ignoring their long-stated dedication to states rights in the case of state legalization of medical marijuana ... except that the Dems have been no better about it.The problem being, of course, that nobody ever lost a federal vote based on being\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":5699,"url":"https:\/\/hill-kleerup.org\/blog\/2004\/01\/21\/dirty_pool_2.html","url_meta":{"origin":21,"position":2},"title":"Dirty pool","author":"***Dave","date":"Wed 21-Jan-04 4:07pm","format":false,"excerpt":"Regardless of how one feels about the War on Drugs, this kind of crap doesn't do much to promote respect for the law or the legal system. California medical marijuana...","rel":"","context":"In "Politics & Law"","block_context":{"text":"Politics & Law","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":814,"url":"https:\/\/hill-kleerup.org\/blog\/2001\/11\/12\/now_perhaps_the.html","url_meta":{"origin":21,"position":3},"title":"Now perhaps the Justice Dept. can turn to something useful","author":"***Dave","date":"Mon 12-Nov-01 1:33pm","format":false,"excerpt":"A federal judge has temporarily blocked the DEA from going after doctors in Oregon who prescribe drugs that help terminally ill patients die. This is presently allowed in Oregon per...","rel":"","context":"In "Politics & Law"","block_context":{"text":"Politics & Law","link":"https:\/\/hill-kleerup.org\/blog\/category\/politics-law"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":29081,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/08\/05\/reconsidering-pot.html","url_meta":{"origin":21,"position":4},"title":"Reconsidering pot","author":"***Dave","date":"Sun 5-Aug-12 1:39am","format":false,"excerpt":"The War on Drugs is so all-pervasive in US law enforcement, and the perceived political costs of weakening it so great, that neither Congress nor the Executive branch seem willing to consider the absurdity of time and money and human suffering that stems from laws against marijuana.So I guess the\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"https:\/\/images0-focus-opensocial.googleusercontent.com\/gadgets\/proxy?container=focus&gadget=a&resize_h=100&url=http%3A%2F%2Fthinkprogress.org%2Fwp-content%2Fuploads%2F2012%2F08%2Fmarijuana-shop-300x198.jpg","width":350,"height":200},"classes":[]},{"id":31516,"url":"https:\/\/hill-kleerup.org\/blog\/2012\/11\/27\/the-legalities-of-off-duty-pot-usage.html","url_meta":{"origin":21,"position":5},"title":"The legalities of off-duty pot usage","author":"***Dave","date":"Tue 27-Nov-12 9:12am","format":false,"excerpt":"Colorado has had legal medical marijuana usage for a while, and just passed a law legalizing (as far as the state is concerned) the use of recreational marijuana. We also have a law that prohibits someone from being fired from a job for doing something that's legal while not on\u2026","rel":"","context":"In "~PlusPosts"","block_context":{"text":"~PlusPosts","link":"https:\/\/hill-kleerup.org\/blog\/category\/blogging\/plusposts"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/21","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/comments?post=21"}],"version-history":[{"count":2,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/21\/revisions"}],"predecessor-version":[{"id":37536,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/posts\/21\/revisions\/37536"}],"wp:attachment":[{"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/media?parent=21"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/categories?post=21"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/hill-kleerup.org\/blog\/wp-json\/wp\/v2\/tags?post=21"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}