Doctor No Way

Stuart Hoffman does not believe in the medical use of marijuana – at least, not the kind you grow in your backyard or buy off the street. And he'd feel that way, he says, even if he wasn't the chief medical review officer for the drug testing services at ChoicePoint, with clients ranging from the U.S. government to large national retail chains. Born and educated in Minnesota, he was a private oncologist with a thriving practice in Downey, Calif., for 35 years, and had plenty of patients who used pot to relieve symptoms. And while he agrees marijuana does relieve symptoms – dulling chronic pain, reducing seizures, stimulating the appetite, controlling nausea – he's seen it surpassed by better drugs.

And that, he says, is where the pro-medical marijuana people go wrong. It's not that the feds don't want to relieve suffering of people like Angel Raich, the 38-year-old with a plethora of chronic conditions who has taken her case to the U.S. Supreme Court. It's that the medical establishment has studied pot and found it lacking. "Angel Raich is being used by a group of people, in my opinion, who are struggling to make marijuana legal across the board," says Hoffman, "and they use all sorts of arguments that are sort of half-truths." He spoke not in his capacity as an officer of ChoicePoint – he cannot speak officially for the company – but as a doctor who couldn't let those "half-truths" lie.

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At ChoicePoint, do you test people who use medical marijuana?

Dr. Stuart Hoffman: Constantly. We do about four million drug tests a year here. Approximately five percent are positive for all sorts of things, and marijuana is probably 75-80 percent of those. A few people have prescriptions for Marinol, pure marijuana: perfectly legitimate, recognized by the federal government. People who are on medical marijuana present a very different problem for us because there are only about 10 or 11 states that currently accept medical marijuana. And it is the employer's individual policy which determines whether we make it a positive or negative.

So a Wal-Mart store in California will fire someone for using medical marijuana?

A Wal-Mart store anywhere in the world will not recognize medical marijuana, even though some states say that it's legal. It's their decision. It's title 49, part 40, U.S. Department of Transportation. [Hoffman pulls out thick printed book of regulations.] That's the bible for the federally regulated tests, and it's been challenged in court many times. Nobody's ever beaten this thing.

As an oncologist, you treated people who used marijuana. Have your attitudes about it changed?

No, my attitudes about it have always been the same. I treated many people with chemotherapy who became very nauseated, who were dying of cancer, losing weight and couldn't eat. Before it was legal, many of my patients would go out and get street marijuana. At the time, there were drugs called Compazine and Thorazine, which were also tranquilizers but had a fair anti-nausea effect. These drugs were on a par with marijuana, and none of them was very good, but they were better than nothing. About seven or eight years ago, a whole new class of drugs came in including things like Ondansetron and two-to-three others, which were anti-nausea medicines that just revolutionized chemotherapy. These were superb. There was no question, it was better. There were still a few people who would request marijuana because it was the mystique of the forbidden fruit.

Yes, but Ondansetron is expensive, and homegrown pot is free.

Sure. It's not cheap. But Ondansetron is given intravenously at the time of the chemotherapy, so insurance covers it 100 percent. Uninsured people don't get chemotherapy, because they can't afford it – so cost isn't really a factor.