IS POT GROWER EMMIT SCOTT REALLY A CRIMINAL?

On July 27, Emmit Scott called his local law officers to report a crime. He
suspected someone was stealing the marijuana he had grown for his own
personal use. Emmit Scott was charged with two felonies. The man who stole
from Scott was charged with nothing.

Is Emmit Scott a criminal? Maybe and maybe not.

Today, eight states have passed some form of legislation that legalizes
marijuana for medical use Alaska, Arizona, California, Colorado, Nevada,
Oregon, Washington state, Hawaii and Washington D.C. This spring, medical
marijuana bills were debated by at least 25 other states.

Stated in a 1999 report on medical marijuana from the Institute of
Medicine, "accumulated data indicate a potential therapeutic value for
cannabinoid (marijuana) drugs, particularly for symptoms such as pain
relief, control of nausea and vomiting and appetite stimulation."

On Sept. 6, 1988, the Drug Enforcement Administrations Chief Administrative
Law Judge, Francis L. Young ruled: "Marijuana, in its natural form, is one
of the safest therapeutically active substances known. The provisions of
the [Controlled Substances] Act permit and require the transfer of
marijuana from Schedule I to Schedule II. It would be unreasonable,
arbitrary and capricious for the DEA to continue to stand between those
sufferers and the benefits of this substance."

Young concluded, "In strict medical terms marijuana is far safer than many
foods we commonly consume. For example, eating 10 raw potatoes can result
in a toxic response. By comparison, it is physically impossible to eat
enough marijuana to induce death. Marijuana in its natural form is one of
the safest therapeutically active substances known to man. By any measure
of rational analysis marijuana can be safely used within the supervised
routine of medical care." (Source: U.S. Department of Justice, Drug
Enforcement Agency, "In the Matter of Marijuana Rescheduling Petition,"
[Docket #86-22], September 6, 1988), pg. 57.)

Many organizations have endorsed medical access to marijuana including the
Institute of Medicine, the American Academy of Family Physicians, and the
American Bar Association, the American Public Health Association and many
other medical associations. Many organizations have taken favorable
positions toward the issue including the American Cancer Society, American
Medical Association and the National Academy of Sciences.

Despite its criminalization between 1978 and 1997, 35 states and the
District of Columbia passed legislation recognizing marijuana's medical
value. Those states include Alabama, Arizona, Arkansas, California,
Connecticut, Florida, Georgia, Illinois, Iowa, Louisiana, Massachusetts,
Maine, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire,
New Jersey, New Mexico, New York, Ohio, Oklahoma, Oregon, Rhode Island,
South Carolina, Tennessee, Texas, Vermont, Virginia, Washington, West
Virginia, Wisconsin, and, yes, North Carolina.

While there is much proof of the medical value of marijuana, it does remain
illegal to possess, manufacture or use it in the majority of the country.
Yet, doctors and dentists everywhere can legally prescribe cocaine and
morphine. Most of today's pain medications on the market are opium
derivatives. These three drugs have some of the highest addiction rates of
all the drugs and herbs available to man.

Alcohol and nicotine, both legal substances, contribute to more deaths in
our country annually than marijuana ever has. Moreover, their addiction
rates are incredibly higher.

According to the 1998 Federal Household Survey on Drug Abuse conducted by
the Substance Abuse and Mental Health Services Administration and the U.S.
Department of Health and Human services there are more than 48 million
Americans who use alcohol an average of one or more days per week. This is
more than the combined total number of Americans who have ever tried
cocaine, crack and heroine, and two and a half times the number of
Americans who have used marijuana once the previous year.

So, where does all this information, all these facts, and the cold, hard
truth leave Emmit Scott? To date, he is still considered a criminal
according to law. Perhaps not so in the eyes of the majority of Americans
who support some form of medical use and control of marijuana? If only
Scott were a resident of one of the eight states or the District of
Columbia that recognizes his right to possess, use and grow marijuana for
his own personal use, he probably wouldn't be the national celebrity he is
quickly becoming. As well, he probably wouldn't be facing two felony drug
charges either.

Information from: "Drug War Facts" compiled and maintained by Common Sense
for Drug Policy, March 2001, www.drugwarfacts.org

The Daily and Sunday Herald editorial board includes: Publisher Ronnie
Bell, Managing Editor Bill Lindstrom, News Editor Susan Shaw-Snow, Senior
Editor Kathryn Bridges and reporter Lance Martin.