JUSTICES REJECT MEDICAL USE OF MARIJUANA

WASHINGTON -- Dealing medical-marijuana patients a defeat, the Supreme
Court ruled that the drug doesn't merit an exception under a federal
law prohibiting its manufacture and distribution.

The high court's 8-0 decision, written by Justice Clarence Thomas,
said, "It is clear from the text of the Act that Congress has made a
determination that marijuana has no medical benefits worthy of an exception."

Justice Stephen Breyer recused himself from the cannabis case; his
brother, a U.S. judge in California, was involved with the case.

The case involves the Oakland Cannabis Buyers Cooperative, one of 39
California groups that provide marijuana to sick and dying
individuals. The groups were organized following a successful 1996
state ballot initiative by Californians to allow patients with a
medical necessity to use the drug. U.S. officials moved to shut down
the cooperative in 1998, arguing the group's actions violated the
Controlled Substances Act. A federal judge agreed.

But the U.S. Court of Appeals for the Ninth Circuit, in San Francisco,
reversed that decision, with a ruling that created a limited exemption
for some seriously ill patients to continue using marijuana.

The medical community is sharply divided over the issue, with several
doctors' and nurses' groups believing the decision to use marijuana to
ease pain or other serious ailments should be left to physicians and
patients, not the government.

The Institute of Medicine, an affiliate of the National Academy of
Sciences, has recommended allowing people suffering from intractable
pain or vomiting to use the drug for short periods of time.

Several small to midsize pharmaceutical companies are continuing to
develop technologies utilizing the active ingredient in pot for
medical purposes. Unimed Pharmaceuticals Inc. of Deerfield, Ill., a
unit of Belgium's Solvay SA, produces Marinol, an appetite stimulant
approved by the Food and Drug Administration that also suppresses
nausea, often prescribed in place of cannabis.

Bill Zimmerman, executive director of Americans for Medical Rights,
which has sponsored eight successful medical-marijuana ballot
initiatives, said the decision was a disappointment. He warned that
most patients now will have to get marijuana for personal medical
purposes either by growing it or buying it on the black market. He
noted that two states, Maine and Nevada, currently are considering
bills that would authorize the state to distribute marijuana to
patients. The Controlled Substances Act covers people, not states.

Mr. Zimmerman also said the court in its decision is "giving the nod
to Congress" to revise the law, although he added it is unlikely the
current GOP-controlled House would take such a step.

The nonprofit Oakland Cooperative program included a physician as
medical director and registered nurses during business hours.
Potential patients were required to provide a written statement from
their doctor approving the use of marijuana therapy and to undergo a
screening interview.

(U.S. v. Oakland Cannabis)