I have recently become aware of the Monica Ginn case involving medical use of marijuana. As you may remember, I am one of the physicians who helped write I-692 (WA State Medical Use Of Marijuana Act of 1998) with Dr. Killian and others.

I am deeply concerned about the wrongful prosecution of patient, Monica Ginn, for many reasons. Most importantly, Judge McFee's ruling to disallow the medical defense in her case, seems to me to violate I-692 and recent federal case law. It was not the intent of the law, its authors, nor the people of WA state to prosecute medical marijuana patients period, let alone refusing them the medical defense in a court of law. Moreover, a recent federal 9th Circuit Court ruling,let stand by the Supreme Court, makes clear that physicians can legally recommend medical use of marijuana to patients in states where such laws exist.

Denying Monica Ginn the medical defense appears to be either prosecutorial and judicial ignorance of current laws, or willful misconduct by those involved. After speaking politely with the prosecutor, Jack Jones, twice today about my concerns in this case, his only response to me was to laugh and then rudely hang up the phone (both times). So you be the judge.

Francis A. Podrebarac, M.D.