COURT FIGHT LOOMS ON POT MEASURE.

Byline: Luz Villarreal Daily News Staff Writer

In the wake of President Clinton's decision to go after doctors who prescribe or recommend marijuana to patients under new state laws, Californian supporters of Proposition 215 said Monday that they're prepared to go to court to defend it.

California and Arizona voters both passed initiatives in November allowing medical uses of marijuana.

Backers of Prop. 215 said they'll argue that federal attempts to take physicians' licenses or to prosecute them for verbally recommending marijuana use to patients is a violation of their free speech protections.

``We think the federal government doesn't have the authority to tell doctors what they can say or not say to their patients,'' said Bill Zimmerman, who managed the Prop. 215 campaign for Santa Monica-based Californians for Medical Rights. ``With their actions today, they are trying to impose their own gag orders on California doctors.''

Californians approved Prop. 215 with 56 percent of the vote.

Federal officials, however, contend that doctors who verbally recommend marijuana use for medical purposes - regardless of whether a prescription is ever filled out - are breaking the law.

``It is a violation of the laws of the U.S. to possess or distribute marijuana,'' said Richard Drooyan, chief assistant of the U.S. Attorney's Office in Los Angeles. ``It's also a violation for anybody to help someone to possess marijuana. You don't have a right to tell somebody something with the idea that this person will commit an offense. There's a difference between advocacy and saying things that are directly intended to cause somebody to commit a violation of the law.''

Doctors, therefore, who do recommend marijuana use could be considered to be ``aiding and abetting'' drug use or possession - a felony carrying a maximum 10-year sentence, federal officials said.

Physicians also stand to lose their federal registration to prescribe drugs if they recommend marijuana for medical purposes, federal officials said.

Retired Army Gen. Barry R. McCaffrey, director of the Office of National Drug Control Policy, outlined the new administration policy over the weekend, and argued Monday that federal drug laws take precedent over state laws and will be enforced.

California Attorney General Dan Lungren said he welcomed the federal action, saying it provides ``clarity'' as to how the state law is to be interpreted.

It was unclear, however, how aggressively federal law enforcement officials intend to pursue local physicians who recommend marijuana use to their patients.

Abel Reynoso, a spokesman for the federal Drug Enforcement Administration in Los Angeles, said it is unlikely officers will beef up enforcement, unless directed to do so.

``We always have investigations on fraudulent doctors,'' he said. ``Now, this is all new. But, really, have you ever heard of a terminally ill patient arrested for smoking pot or their doctor being arrested for recommending it?''

In the meantime, the California Medical Association is continuing to advise the state's 75,000 physicians that they not recommend marijuana to their patients, citing the possibility of government prosecution.

The CMA has not endorsed marijuana use for medical purposes, saying there is insufficient scientific evidence that the drug is effective and safe.

``Favorable reports from some patients and doctors all appear to be anecdotal and anecdotal evidence is not scientific,'' said CMA President Dr. Jack McCleary. ``We feel a federal agency should take it upon themselves to do a study to see if there is any value in it,'' he added.

Although McCleary said the White House's decision has not created an outpouring of concern among the state's doctors, a group of physicians in the Bay Area charged the government with using ``scare tactics'' to interfere with medical care.

``Now that it was passed by voters, to have Washington come out so strongly in favor of prosecuting doctors trying to take care of sick patients is outrageous,'' said Dr. Toni Brayer, president of the San Francisco Medical Society.

The Medical Board of California, the state body that licenses and disciplines doctors, so far has not adopted a policy addressing physicians' recommendation of marijuana to patients.

So far, it is urging doctors to learn about the possible legal consequences.

``It's going to continue to be a cloudy issue for some time,'' said Executive Director Ron Joseph. ``Ultimately the courts will need to sort the matter out.''