The Ninth Circuit affirmed a physician's First Amendment right to speak to a patient without fear of arrest in 2002. Conant v. Walters was appealed, but the US Supreme Court denied cert, confirming its validity. The order enjoins the federal government from either revoking a physician's license to prescribe controlled substances or conducting an investigation of a physician that might lead to such revocation, where the basis for the government's action is solely the physician's professional 'recommendation' of the use of medical marijuana. ... The government has not provided any empirical evidence to demonstrate that this injunction interferes with or threatens to interfere with any legitimate law enforcement activities. Nor is there any evidence that the similarly phrased preliminary injunction that preceded this injunction, Conant v. McCaffrey, which the government did not appeal, interfered with law enforcement. The district court, on the other hand, explained convincingly when it entered both the earlier
Was this article helpful?