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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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