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CONANT v. WALTERS

No. 00-17222.

309 F.3d 629 (2002)

Marcus CONANT, Dr.; Donald Northfelt, Dr.; Debashish Tripathy, Dr.; Neil Flynn, Dr.; Stephen Follansbee, Dr.; Stephen O'Brien, Dr.; Milton Estes, Dr.; Jo Daly; Keith Vines; Judith Cushner; Valerie Corral; Bay Area Physicians for Human Rights; Being Alive: People with HIV/AIDS Action Coalition, Inc.; Howard Maccabee, Dr.; Daniel Kane; Allan Flach, Dr.; Michael Ferrucci, Plaintiffs-Appellees, v. John P. WALTERS,, Director of the White House Office of National Drug Control Policy; Asa Hutchinson, Administrator, U.S. DEA; John Ashcroft, Attorney General of the United States; Tommy G. Thompson, Secretary of the Department of Health and Human Services, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2002.

Attorney(s) appearing for the Case

Mark B. Stern, Department of Justice, Washington, DC, for the defendants-appellants.

Graham A. Boyd, ACLU Drug Policy Litigation, New Haven, CT, Jonathan Weissglass, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, Daniel N. Abrahamson, Drug Policy Alliance, Oakland, CA, Ann Brick, ACLU Foundation of Northern California, San Francisco, CA, for the plaintiffs-appellees.

Stephen C. Willey, Latham & Watkins, Menlo Park, CA, for amici American Public Health Association, et al.

Julie M. Carpenter, Robert M. Portman, and Janis C. Kestenbaum, Jenner & Block, Washington, DC, for amici California Medical Association, et al.

Before: SCHROEDER, Chief Judge, B. FLETCHER and KOZINSKI, Circuit Judges.

SCHROEDER, Chief Judge.

This is an appeal from a permanent injunction entered to protect First Amendment rights. 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 district court's...

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