Pubdate: Tue, 14 Jun 2005
Source: Honolulu Star-Bulletin (HI)
Copyright: 2005 Honolulu Star-Bulletin
Contact:  http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: B.J. Reyes

MARIJUANA SUIT THREAT EBBS

The Hawaii ACLU supports doctors who recommend the drug

The American Civil Liberties Union of Hawaii has backed off its threat to
sue U.S. Attorney Edward Kubo over his statements early last week that
doctors could face criminal prosecution for prescribing and distributing
medical marijuana.

After the U.S. Supreme Court's June 6 ruling that federal officials had
authority to prosecute medical marijuana users, Kubo called the issue "dead"
in Hawaii and said doctors could face criminal charges for providing the
drug to patients.

The ACLU threatened to sue, saying doctors have a constitutional right to
discuss the issue of medical marijuana with patients and recommend its use.

The ACLU gave Kubo a deadline of tomorrow to formally retract the statement
or face a lawsuit but said yesterday it was satisfied with comments he made
Friday clarifying that doctors who merely certify patients to use medical
marijuana would not be prosecuted.

Doctors could face charges, Kubo said, if they are found to be part of a
larger distribution network or drug conspiracy.

There was no immediate response from Kubo's office yesterday.

Lois Perrin, the ACLU's legal director in Hawaii, said Kubo's most recent
statements "effectively retracted his threats to arrest and prosecute
doctors merely for certifying marijuana use as allowed under Hawaii law."

She said the ACLU would not file any lawsuit at this time. "However, the
ACLU remains committed to addressing potential threats against doctors for
exercising their constitutional rights."
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