Conant v. McCaffrey

In November 1996, voters in California passed a proposition, the Compassionate Use Act, that guaranteed the right of seriously ill people to obtain and use marijuana for medical purposes if recommended by a physician. The act protected patients and physicians from prosecution or punishment for conduct relating to the medical use of marijuana. Under federal law, marijuana was classified as a Schedule I substance. Accordingly, a physician who prescribed or recommended marijuana would be in violation of federal law. Prior to the passage of the proposition, Barry McCaffrey (defendant), director of the United States Office of Drug Control Policy, stated that the federal government would take action against physicians for conduct that was protected by the act but prohibited under federal law. After the proposition was passed, the federal government announced that physicians who recommended medical marijuana would be prosecuted, their prescription licenses would be revoked, and they would be denied participation in Medicare and Medicaid. Such intent to take action against physicians was repeatedly affirmed by federal officials. Dr. Marcus Conant and other physicians, as well as patients and nonprofit organizations impacted by the threatened federal actions (medical-marijuana advocates) (plaintiffs) sued McCaffrey, arguing that the policy announced by the federal government would have a chilling effect on physician-patient communications and would therefore infringe on the First Amendment rights of physicians and patients. The medical-marijuana advocates offered documentary evidence showing that physicians had begun to censor their communications with patients regarding marijuana use for medical purposes out of fear of governmental action. The medical-marijuana advocates sought an injunction to limit the federal government’s ability to prosecute physicians, revoke their prescription licenses, or bar them from participating in Medicare or Medicaid. The federal government argued that the announced policy was intended to prevent the abuse of illegal drugs and not to inhibit speech.