Hawaii May Prosecute Doctors Who Prescribe Pot
Bump and Update: 6/9/05: ACLU threatens lawsuit against Hawaii's U.S. Attorney.
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Original Post: 7/7/05
Unbelievable. Hawaii's medical pot program is essentially dead in the wake of yesterday's Supreme Court opinon in Gonzales v. Raich. The U.S. Attorney there announced he won't prosecute users but will go after doctors who authorize residents to get a permit under the state's medical marijuana law.
U.S. Attorney Ed...Kubo said his office would not prosecute the medical marijuana smokers, but cautioned that the doctors could be prosecuted on misdemeanor charges as accomplices to the distribution of the marijuana, which is still illegal under federal law.
"The U.S. Supreme Court decision this morning is the death knell to the medical marijuana issue," he said, a sentiment shared by some medical marijuana advocates. "I would advise all physicians and anyone who is involved in distributing or helping in the distribution of any illegal narcotic to be very, very leery," he said.
All this over three plants or one ounce of usable pot:
Under the law, a person must be certified by a physician to use marijuana for a "debilitating" medical condition. The certificate allows the patient to have up to three mature, flowering marijuana plants; four immature plants; and an ounce of usable marijuana for each mature plant. The certificate must be renewed each year.
But, we're told that In Conant v. Walters, 309 F.3d 629 (9th Cir. 10/29/2002) , the 9th Circuit issued a permanent injunction enjoining the US from going after doctors who recommend the use of medical cannabis on 1st Amendment grounds. SCOTUS declined to hear it, thus the injunction stands so, contrary to the prosecutor's contention, doctors may not be at risk. [hat tip to BP, JD, CA.)
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