Doctors Can Recommend Marijuana, Judge Rules Government Has No Right To Stop Pot Treatment For Certain Diseases

California doctors can recommend marijuana to their patients without punishment as long as they don’t help patients buy or grow the drug, a federal judge ruled Wednesday.

Calling the Clinton administration’s policy on medical marijuana vague and contradictory, U.S. District Judge Fern Smith said the federal government has no right to stop doctors from recommending marijuana to treat certain diseases, even though the treatment may be illegal.

“The government’s fear that frank dialogue between physicians and patients about medical marijuana might foster drug use … does not justify infringing First Amendment freedoms,” Smith wrote.

“The First Amendment allows physicians to discuss and advocate medical marijuana, even though use of marijuana itself is illegal.”

Smith issued a preliminary injunction in a doctors’ lawsuit that was similar to a temporary restraining order she issued April 11 allowing doctors to recommend marijuana without fear of criminal prosecution.

This time, Smith said she would bar federal action - such as prosecution or withdrawal of prescription licenses - against doctors who discuss or recommend marijuana to their patients, but would “draw the line at criminal conduct,” such as helping buy or cultivate marijuana.

The order applies to doctors who recommend marijuana for patients with AIDS or the AIDS virus, cancer, glaucoma, and seizures or muscle spasms associated with a chronic, debilitating condition.

The 10 doctors and five patients who filed the lawsuit say marijuana can relieve pain for all of those conditions, stimulate appetite, or combat the debilitating effects of chemotherapy.

The federal government maintains that marijuana has no proven medical benefits.

Unless overturned by a higher court, the injunction will remain in effect until the lawsuit goes to trial.