ACLU Wins Victory in Medical Marijuana Case

Federal Judge Orders Permanent Injunction Blocking Government from Prosecuting California Doctors
For Immediate Release: September 8, 2000

Striking a victory for free speech, U.S. District Judge William Alsup ruled on September 7th that federal authorities can not revoke the licenses of doctors who recommend the medical use of marijuana to their patients. The ACLU of Northern California and the national ACLU Drug Policy Litigation Project and others represent doctors and patients in the class action lawsuit, Conant v. McCaffrey.

"My hope is that this ruling puts an end to threats by the federal government," said Graham Boyd, a lawyer with the national ACLU Drug Policy Litigation Project. "Physicians have been working in fear and now with this order, doctors and patients can once again freely discuss marijuana without fear of federal punishment."

Judge Alsup issued a permanent injunction that bans the government from revoking doctorÕs licenses and prohibits the government from initiating investigations of physicians who have provided advice on the medical use of marijuana.

Plaintiff Dr. Milton Estes said "It is critical that I be able to advise my patients on the medical use of marijuana without fear of being criminally prosecuted or losing my license. I work with HIV-infected patients, and it is reassuring to feel that I can now freely speak to my patients." Dr. Estes has a private practice in Marin and oversees the care of all HIV-positive inmates in San Francisco County jails.

Despite a temporary injunction issued against the government in 1997, doctors continued to feel threatened about advising patients on medical marijuana because of pronouncements made by White House drug czar Barry McCaffrey. At issue is the language of Proposition 215, approved by California voters in November 1996, which makes it legal for patients to grow and possess marijuana for medical use when recommended by a doctor. The Clinton administration maintains that marijuana is illegal under federal law and pledged to punish doctors who recommend its use.

"Judge AlsupÕs decision allows doctors to get back to doing what we all want our doctors to be able to do: provide patients with their best medical advice without fear of government retaliation " said Ann Brick, attorney with the ACLU of Northern California. "This ruling protects the free speech rights of doctors and should put an end to any further threats by the government."

The law firm of Altshuler, Berzon, Nussbaum, Rubin & Demain along with the Lindesmith Center also participated in the case.