1:
J
Psychoactive Drugs 1998 Apr-Jun;30(2):149-53 Mead A.
California Medical Association, San Francisco, USA.
The author describes the scope of California's Proposition 215 and
explains the legal and scientific controversies that surround its
enactment. The federal government's response to the law (including
its threats to any physicians who might recommend medical marijuana
to patients) and the litigation that ensued are outlined. The author
recounts the complicated role played by the California Medical Association
during this time, as it sought to adhere to the principles of the
scientific process while also attempting to resist improper governmental
intrusion into the physician-patient relationship. The legal impact
of the federal Controlled Substances Act on the availability of marijuana
for either research or therapeutic purposes is described. The conflict
between Proposition 215 and federal law is explained, and author offers
a legal analysis of the extent to which physicians have free speech
rights under the federal constitution to discuss and recommend the
medical use of marijuana to patients. The California Medical Association's
efforts to address and reconcile the competing interests, culminating
in written legal guidelines for physicians, are described in detail.