California doctor who recommended medical marijuana to 7,500 may lose license

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California doctor who recommended medical marijuana to 7,500 may lose licenseBy TOSHI MAEDA, Associated PressLast Updated 12:09 p.m. PDT Sunday, July 13, 2003OAKLAND, Calif. (AP) - 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."http://www.sacbee.com/24hour/nation/story/941864p-6578459c.html