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Derm savors a Supreme victory: seen as free speech issue.

Publication: Skin & Allergy News

Publication Date: 01-DEC-03

Author: Frieden, Joyce
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COPYRIGHT 2003 International Medical News Group

Dr. Marcus Conant is glad that he didn't get his day in court.

On Oct. 14, the U.S. Supreme Court announced that it had declined to take up the case of Conant v. Walters, in which Dr. Conant was the lead plaintiff. The case revolved around the question of whether doctors have the right to recommend medical marijuana as a treatment to certain patients, such as those suffering from wasting syndrome or from nausea and vomiting caused by their chemotherapy.

"I'm pleased that the courts have recognized that the First Amendment to the Constitution means what it says," said Dr. Conant, a San Francisco dermatologist who provides primary care to many AIDS patients. "I'm not surprised they have ruled that doctors have the right to discuss any subject the patient brings up in the privacy of the exam room."

Attorneys for the federal government argued that allowing physicians to recommend or prescribe marijuana to patients was "not in the public interest" because it...

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