The CMA represents more than 35,000 physicians statewide and is the largest industry group for doctors in the state. Last Friday, at the association’s annual meeting in Anaheim, they made official their support for the full legalization of marijuana. The group cited racial inequalities in arrests, the collateral damage to families of those incarcerated on simple marijuana charges, and growing prison costs as signs that marijuana prohibition has “proven to be a failed public health policy.”

This stance seems to have been prompted by the precarious position California doctors find themselves in under the state’s current medical law. This position forces a physician to decide whether or not to recommend a substance to a patient that is still illegal at the federal level. While their stance on the medical benefits was lukewarm to say the least (the group compared cannabis to a “folk remedy”) the CMA sees legalization for all adults as the only way to truly discover the potential medical application of cannabis and cannabinoids.

“It’s an uncomfortable position for doctors,” stated Dr. Donald Lyman, a physician from Sacramento who helped author the new policy, “It is an open question whether cannabis is useful or not. That question can only be answered once it is legalized and more research is done. Then, and only then, can we know what it is useful for.”

You can read more in-depth coverage on this issue from LA weekly here.

The full paper published on the topic by the California Medical Association can be viewed here (PDF).

Post updated to correct “Attorney Generals” [sic] to “US Attorneys”

Paypal, the well-known internet payment company has told California NORML that it will no longer accept payments to our “type of business” because we accept listing payments from cannabis-recommending physicians.

After years of offering free listings to physicians and collectives at our website http://www.canorml.org, CaNORML began charging a yearly listing fee to cover our costs last year.

PayPal froze CaNORML’s account in June, saying that by accepting listing fees fromcollectives, we were violating their Acceptable Use policy, which says, “you may not use PayPal in the purchase or sale of narcotics.” Although narcotics were not being sold over the CaNORML site, we reluctantly agreed to stop accepting listings fees from collectives that dispense medical marijuana, recognizing that even though they are legal under state law, they are illegal under federal law.  However, we  continued to accept payments online from doctors, attorneys, and members.

Now PayPal has stopped accepting payments from the CaNORML site because we continued to accept listing payments from physicians.

Under a ruling upheld by the U.S. Supreme Court (Conant v. Walters, 2003), physicians have the first amendment right to discuss and recommend medical marijuana for their patients, although they may not distribute it or help patients in finding it. PayPal was informed of this and wrote back, “We are not arguing the legality of this issue; we are simply stating that we have made the business decision to not be involved with this type of business.”

Because of its discriminatory policy and  disregard of physicians’ first amendment rights, CaNORML submits that PayPal is not the “type of business” to be used by those who advocate for human rights. We will file a complaint with the federal banking committee over their practices.

Located in San Jose, California, PayPal was founded in 1998 and was acquired by eBay (California gubernatorial candidate Meg Whitman’s former company)  in 2002.

Complain to: PayPal, 2211 N 1st St, San Jose 95131 (408) 376-7400

Dale Gieringer, CA NORML

[Statement of Paypal's Accceptable Use]

Hello,

We appreciate the fact that you chose PayPal to send and receive payments for your transactions.

Under the Acceptable Use Policy, you may not use PayPal in the purchase or sale of narcotics, steroids, certain controlled substances, products that present a risk to consumer safety or drug paraphernalia.  PayPal makes such decisions after reviewing laws, regulations and other actions by governmental agencies, other available evidence, and marketing content related to the product.

The complete Acceptable Use Policy can be found at the following URL:
http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/ua/use/index_frame-outside

To learn more about the Acceptable Use Policy, please refer to our Help Center page here: https://www.paypal.com/cgi-bin/helpweb?cmd=_help

We are hereby notifying you that, after a recent review of your account activity, it has been determined that you are in violation of PayPal’s Acceptable Use Policy regarding your sales at http://www.canorml.org/prop/collectivetips.html.  PayPal cannot be used to accept fees for listing information related to marijuana dispensaries, delivery services and cannabis physicians.