Plaintiff Keith Vines has served as an Assistant District Attorney in San Francisco since 1985, including two years working as a felony prosecutor in a federally funded Drug Strike Force, where he secured a conviction in what was then the city's second largest marijuana seizure. Prior to working in the District Attorney's office, he worked for three years in private practice and for six years as a prosecutor in the United States Air Force as a Judge Advocate with the rank of captain.
Vines tested positive for HIV in the mid 1980's, and by 1990 his health began to deteriorate. In 1993 he was diagnosed with AIDS Wasting Syndrome, a condition characterized by severe, progressive weight loss and breakdown of muscle tissue. Vines lost almost 50 pounds before being placed on an experimental growth hormone to help regain much needed muscle mass. He has suffered from a chronic and acute loss of appetite, a condition that, if not addressed, can result in malnourishment and thwart the efficacy of the hormone treatment and the antiviral medications he is prescribed.
To stimulate his appetite, his physician prescribed Marinol, a synthetic version of one of marijuana's main active components. However, Vines found Marinol to be only marginally effective and highly erratic in its effects. He strongly objected to the drowsiness and "buzz" caused by Marinol. Two of Vines' physicians suggested he use medical marijuana, and he found that a few puffs were sufficient to stimulate his appetite, while avoiding feeling the "buzz" caused by Marinol. Vines used medical marijuana when he was affected by AIDS Wasting Syndrome no more than a couple of times per week before dinner to enable him to eat.
Vines fears that the government's threats against doctors will jeopardize his treatment and cause his doctors to censor the medical advice provided to him. He feels that the success of his continued treatment depends in large part on a trusting and confident relationship with his physician.