RECOMMENDING POT SOUNDS OK TO 9TH CIRCUIT
by Greg Mitchell
Tue, 09 Apr 2002
A 9th Circuit panel sounded ready Monday
to uphold an injunction that prohibits the federal government
from investigating or punishing California doctors who recommend
marijuana to patients.
Though it's possible the judges will send
the case back to the trial court in light of last year's U.S.
Supreme Court decision on medical marijuana, they expressed few
reservations about the need for the injunction and seemed almost
eager to keep it in place.
With Judge Alex Kozinski setting the tone,
the panel hammered away at Department of Justice attorney Michael
Stern, who argued the injunction has tied the government's hands
from going after abuses.
"How is getting a note from your doctor,"
Kozinski asked him several times, "interfering with federal
enforcement [of drug laws]? Be specific."
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