Pubdate: Mon, 14 Jul 2003
Source: Oklahoman, The (OK)
Copyright: 2003 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Toshi Maeda

CALIFORNIA DOCTOR FACES SANCTIONS OVER POT

OAKLAND, Calif. -- In a state where doctors are allowed to suggest 
marijuana for medical purposes, a medical panel is trying to suspend or 
revoke the license of a physician who has written 7,500 marijuana 
recommendations for his patients. Dr. Tod H. Mikuriya, 69, is accused of 
writing those recommendations without conducting sufficient medical exams 
and of improperly maintaining medical records.

The case has nothing to do with marijuana itself, says the Medical Board of 
California, which licenses physicians.

But Mikuriya, of Berkeley, and his supporters view the accusation as a 
political attempt to hush the vocal psychiatrist, who has been at the 
forefront of medical marijuana advocacy for decades and has written 
extensively on the topic.

The accusations are having "a chilling effect to other doctors," said Frank 
Lucido, another Berkeley physician, who is under investigation for 
recommending marijuana to a 16-year-old patient.

Mikuriya's lawyers have asked an administrative law judge to dismiss the 
accusations against him, citing Proposition 215, the 1996 voter-approved 
measure allowing California doctors to recommend marijuana to sick 
patients. Judge Jonathan Lew heard arguments Friday and is expected to rule 
in three weeks.

"Dr. Mikuriya is the biggest fish, the most visible advocate who has been 
writing on this for 40 years," said John Fleer, one of Mikuriya's attorneys.

The accusation comes as the Bush administration is stepping up its efforts 
to crack down on doctors who approve marijuana. Doctors are allowed to 
recommend marijuana in Alaska, Arizona, California, Colorado, Hawaii, 
Maine, Nevada, Oregon and Washington.

Last week, the Bush administration asked the U.S. Supreme Court to let 
federal authorities punish doctors who recommend pot to their patients. The 
move was in response to a San Francisco-based 9th U.S. Circuit Court of 
Appeals ruling in October that physicians had a constitutional right to 
speak candidly with their patients about marijuana without fear of 
government sanctions.

Mikuriya is among nearly a dozen California physicians under investigation 
by the medical board in connection with medical marijuana recommendations. 
Some of the doctors have written more recommendations than he has. One 
already is on suspension in connection with medical marijuana practices.

The charges against Mikuriya are about "a doctor practicing without doing 
what a good doctor has to do," state Deputy Attorney General Lawrence 
Mercer, who represents the medical board, told the judge Friday.

"The standard requires physical exam, medical history, mental status exam, 
follow-ups to ensure that medication or treatment is working," said Hallye 
Jordan, a spokeswoman for Attorney General Bill Lockyer. "We believe that 
Dr. Mikuriya did not provide that responsible, standard care."

Mikuriya disputes the allegations.

"They say I didn't see them, I didn't examine them. That's absolutely 
untrue," Mikuriya said, arguing he spends at least 15 minutes with each 
patient before recommending marijuana.

Mindy Devereax, 51, said her life has dramatically changed since she met 
Mikuriya three years ago and started using marijuana medicinally.

"Within 15 minutes, he understood, recognized and diagnosed my problems," 
said the Albany resident who is recovering from a brain injury and has 
suffered from chronic pain and depression since a car accident.

"I cannot tolerate this much pain," she said. "He is the only one who saved 
my life."
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