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Medical Marijuana: Regulations Clash

Doctors are facing a dilemma: risk breaking the law or withhold a potential treatment.
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You might say it was like a bad trip. One morning in 1997, family physician Robert Mastroianni arrived early at his office in tiny Pollock Pines, California, to find two agents from the federal Drug Enforcement Administration waiting for him. After a brief introduction, they began firing questions: Where had Mastroianni gone to school? Where had he done his medical training? One of the agents then handed the doctor a copy of a letter he had written recommending marijuana for a patient. Had Mastroianni actually prescribed pot, the agent asked, or had he only suggested it? Did he sell marijuana to his patients? Was he aware that marijuana was a deadly drug for which there was absolutely no medical use?

Mastroianni was stunned, then angered. He refused to answer further questions without a lawyer present. "Many of the agents' questions were professionally insulting," he wrote later. Worse, they revealed "a primitive and largely inaccurate understanding of medical practice." The agents requested Mastroianni's DEA number, a code that doctors must use when they prescribe any controlled substance. He complied, and the agents left -- but not before sending a chilling message to Mastroianni, and, when news reports about the drug agents' visit got out, to thousands of doctors nationwide.

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What had Mastroianni done? Nothing that California's Proposition 215 -- the medical marijuana initiative -- said he couldn't do. Passed by the state's voters as the Compassionate Use Act of 1996, the law allows physicians to recommend cannabis, though not to prescribe it, for a wide range of medical ills without being "punished or denied any right or privilege." It also exempts from prosecution seriously ill patients who possess or cultivate the drug for medical treatment on the recommendation of a physician. (Arizona voters passed a similar law, later overturned by state lawmakers; neither law authorized the transportation or selling of marijuana as medicine.) In 20 years of practice Mastroianni had seen about 50 patients use marijuana to combat muscle spasms and chronic pain as well as the nausea caused by chemotherapy. "Patients report no other medications work as well," he wrote in an affidavit filed in a class-action suit.

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