12/27/02

RE: WA STATE COURT RULING ON MEDICAL MARIJUANA
(www.cannabismd.org/news/shepherd3.php)

A narrow interpretation of The Medical Use of Marijuana Act requires physicians to word medical marijuana recommendations exactly as written in the standard Washington State Medical Association form (www.wsma.org/memresources/med_form.html). The ruling also seeks information to define the "sixty day supply" clause of Washington State law, RCW:69.51A.

The Washington State Court of Appeals handed down a ruling affecting the legal status of every medical marijuana patient in the state (see: State v. Shepherd, 110 Wn. App. 544, 2002). A designated "caregiver", Shepherd had been convicted in Superior Court in Spokane. The Court of Appeals then applied unwritten requirements that allow prosecutors to exclude any mention of marijuana for medical use. The Shepherd Ruling creates a hyper-technical requirement that automatically disqualifies many medical marijuana recommendations due to the common substitution of the word "may" for the phrase "would likely" in the crucial sentence: ". . . the potential benefits of the medical use of marijuana would likely outweigh the health risks . . ." The Appellate Court also ruled that a physician must define the amount required by a patient in order to satisfy the "sixty day supply" limitation of Washington's medical marijuana law, even though that stipulation is clearly not required under the statute. Any attempt to satisfy that demand would contradict recently established precedents protecting doctors from federal prosecution. Although an actual prescription for marijuana remains illegal, doctors may discuss the risks and benefits of marijuana without liability of prosecution or censure (see: Conant v. McCaffrey/Conant v. Walters, 00-17222 at www.cannabismd.org/foundation/links.php).

Meeting the Court's primary ruling requires the use of exact wording in medical marijuana recommendations. To eliminate legal challenges, it is suggested that physicians recommending marijuana as medicine comply with the letter of the law by utilizing the Washington State Medical Association's medical marijuana recommendation form, enclosed herein for your convenience. The secondary aspect of the Shepherd Ruling demands information on the amount of medical marijuana in use by the patient. Again, to eliminate legal challenges, it is suggested that physicians comply with the ruling by entering such data into individual medical records as furnished by each specific patient, thereby satisfying the Court's requirements without breeching legal protocol established by the medical community in this regard. Patients will be forthcoming with information on the amount of marijuana needed for their personal health benefits.

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