Medical MJ Doctors Under Fire From State Medical Board

LOS ANGELES May 24. A judge of the Calfornia Medical Board suspended the license of Dr. William Eidelman, a leading Prop. 215 specialist, pending full hearings on charges that he violated the Medical Practice Act. The charges stem from medical marijuana recommendations that Dr. Eidelman wrote to four narcotics agents. The court found that Dr Eidelman had provided them with recommendations for $250 "even though none of the subject patients described ...a serious or substantial medical problem." (According to Dr. Eidelman, one of the agents told him he wasn't really sick, but felt terrible if he didn't use marijuana. Dr. Eidelman says he took that as a diagnosis for depression).

The Board's action effectively criminalized Dr. Eidelman's medical marijuana patients, since they can no longer claim to have a valid physician's recommendation. The board is also investigating three other well known medical marijuana doctors, Dr. Tod Mikuriya of Berkeley, Dr. Stephen Ellis in S. F. [charges against Ellis dropped in Oct 2002], and Dr. Mollie Fry in El Dorado County, who is also the target of a DEA investigation. (Another doctor, Dr. Stephen Banister of Grass Valley, was previously sanctioned by the Board for pre-dating a recommendation. Dr. Banister was allowed to resume his practice under the eye of a special monitor).

Many patient advocates worry that the Board's actions will have a chilling effect on doctors. None of the Board's complaints have come from consumers, but only from law enforcement officials upset at encountering arrestees with questionable recommendations. California NORML warns patients not to rely on a single casual recommendation from a pot specialist. In order to defend themselves in courts, patients should be prepared to show an ongoing record of regular professional care for a serious illness.