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June 2005
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Hawaii situation cleared up

Good job, ACLU.
U.S. Attorney Ed Kubo last week threatened to arrest doctors in Hawaii who recommend marijuana to their patients, based on his warped and completely inaccurate interpretation of the Supreme Court decision in Raich.

The ACLU threatened legal action last week in a letter sent to Kubo, pointing out that the Ninth Circuit Court of Appeals ruled last year in Walters v. Conant that doctors have a constitutional right under the First Amendment to recommend and discuss medical marijuana with patients. The U.S. Supreme Court let stand the Ninth Circuit ruling in 2004 by denying the federal government’s request for review. […]

The ACLU’s letter pointed out that, contrary to Kubo’s earlier statements, the Raich ruling did not address any issues related to the continued validity of state medical marijuana laws or doctors’ rights to recommend medical marijuana. It was limited to the federal government’s power under the commerce clause of the U.S. Constitution to enforce federal marijuana laws against individual patients and caregivers who possess or cultivate marijuana for medical purposes.

After receiving the ACLU’s letter, Kubo was quoted in the Honolulu Advertiser as stating that the federal government would not seek from the state a list of doctors who certify marijuana use for their patients or prosecute physicians because they recommend the use of marijuana for medical reasons.

Boy, he was just itching to go after those doctors, wasn’t he? Couldn’t even be bothered to get a rudimentary interpretation of the decision before he started his threats?
This jerk is a U.S. Attorney? He doesn’t have dangerous criminals to go after, but instead gets his kicks out of intimidating doctors?

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