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Medicinal Marijuana Doctor Awaits Decision from Judge

POSTED: 9:54 am PST February 6, 2009
UPDATED: 11:52 am PST February 6, 2009

Whether sold on the black market, or prescribed in medical offices, there's no debate -- marijuana is profitable. It's also popular, judging from the recent story of pot fields discovered by using Google Maps.

However, writing prescriptions for medicinal marijuana makes doctors a target say lawyers for Dr. Robert Sterner. He is fighting to keep his medical license.

"I find it appalling, the hypocrisy involved in this case," says Zenia Gilg. She and Co-counsel John Fleer are representing Dr. Sterner in his medical license hearing in downtown San Diego.

Dr. Sterner is charged by the State Attorney General with repeated negligent acts, dishonesty and incompetence.

Undercover video shows Dr. Sterner stating "We have two convincing studies that cannabis does not cause lung cancer." He's speaking to a patient who turns out to be a cop.

10 News obtained the video during a two month investigation of medicinal marijuana doctors in 2006.

Dr. Sterner also tells the patient, "I assure you, Tylenol is more of a risk to you and a hazard than is cannabis."

Police investigated Dr. Sterner after suspects picked up on drug charges had prescriptions for medicinal marijuana, officers say, written by Dr. Sterner. The 10 News I Team was intrigued by his bold advertisements in The Reader.

"Local police decide that a particular physician is making too many recommendations for medical cannabis, that's what we have here," says attorney John Fleer.

Dr. Sterner's attorneys say it amounts to a witch hunt targeting the few doctors in San Diego willing to advertise that they'll prescribe marijuana, legalized for medicinal purposes only in 1996.

"If Dr. Sterner were prescribing Vicadin, we wouldn't be here right now," Gilg points out.

The doctor took the stand in his own defense during the diciplinary hearings in front of an administrative law judge. He reiterated his belief that marijuana is safe and non addictive stating, "Aspirin or tylenol [at high enough doses] have the power to kill us, most cannabis does not have lethal potential."

Local law enforcement contends it's the abuse of the law they're concerned with, the fact that dope pushers are walking around with what they consider a "get out of jail free card."

Deputy Attorney Beth Faber Jacobs says the case is not about marijuana, it's about acceptible practices in medicine.

"This is about a physician who was not following the standard of care with respect to two patient," she says.

Medicinal marijuana is big money.

The I-Team has learned from court testimony of one local medical group that gave out 3600 marijuana prescriptions in one year, at $125 each. That's $450,000.

Our undercover I Team producer was charged $125 by Dr. Sterner in 2006, before he saw the doctor.

"They just let me in the office, kind of started giving me all these facts about medical marijuana before they even knew what was wrong with me."

Our producer told the doctor that he had sleeping problems.

The State alleges Dr. Sterner would charge $125 for a six month marijuana prescription and $200 for a one year prescription before seeing the patient. He's also accused of falsifying his charts, prescribing a drug to mask pot in urine tests, not verifying medical conditions or establishing follow up care.

His attorney John Fleer counters, "These doctors who give cannabis recommendations are much more frequently investigated. They are pursued regardless of the fact that there are not usually patient complaints."

Another Doctor, Alfonso Jimenez, also publicly advertises medicinal marijuana. He faced his license hearing in December. Two years ago, a 10 News I Team member easily got a pot prescription from Dr. Jimenez after a quick visit to his downtown office.

The staffer reported that Dr. Jimenez did not give any sort of physical exam.

"No, no, not at all, and there was a line behind me coming out the door."

Dr. Jimenez even handed out parting gifts, a lighter and ashtray. He was charged with gross negligence. No decision about his medical license has been made.

Dr. Sterner declined to talk to the 10 News I Team in 2006, and his attorneys advised him not to speak to us now.

Instead Zenia Gilg points out, "What we have to remember in this case, there are no patient complaints."

The 10 News I Team also learns there is no way to tell how many doctors are prescribing pot in San Diego, or how many patients are using it.

The Compassionate Care Act mandates that counties hand out medical marijuana cards. But San Diego County refuses, arguing that marijuana usage is still against Federal law. The county has taken that legal argument all the way to the U.S. Supreme Court, which will likely decide whether to hear the case this year.

It could be up to sixty days before the judge makes a ruling in Dr. Sterner's case. If the doctor is punished, the consequences can range from a warning letter, to probation, suspension, or revocation of his medical license.
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