HIGH COURT SENDS POT PLAN UP IN SMOKE

Congress will have to change the 1970 Controlled Substances Act
before states that allow the use of medical marijuana can set up
buyers' cooperatives to supply and distribute the drug.

The U.S. Supreme Court ruled unanimously Monday that it does not
consider the use of marijuana for medicinal purposes, even with a
prescription, an exception to the federal law. The act classifies the
drug as illegal. Period. The justices' hands are tied, all 16 of them.

Smoking marijuana offers cancer and AIDS patients relief from the
nausea that plagues them, which then improves their appetites and
prevents weight loss. It has also been shown to ease symptoms
associated with multiple sclerosis, glaucoma and neurological
problems such as epilepsy. An estimated 400 patients in Maine could
use the relief.

Maine is one of just nine states that recognize medical marijuana.
Here a patient may possess six plants or 1.25 ounces of the drug if
he has a note from a doctor saying they have fully discussed its
potential and dangers.

This is a merciful statute, but one fatally flawed because the only
way to obtain marijuana is on the black market. Maine's distribution
plan endorsed by two legislative committees will likely be on hold
now, since it would conflict with federal law and Monday's ruling.

Fortunately, the Supreme Court left intact state laws allowing the
medical use of marijuana. States may also choose not to prosecute
people who use marijuana for medical purposes. Mainers for Medical
Rights thinks there may be a loophole regarding states' rights. State
vs. federal jurisdiction would be tested were Maine, or one of the
other eight states, to establish state-authorized distribution
centers.

Otherwise, Congress will have to revisit the 31-year-old law that
classifies marijuana as an illegal drug. Given this administration's
endorsement of the abysmally failing war on drugs, not much is likely
to change while the Republicans are in power.

Meanwhile people suffering with life-threatening and debilitating
ailments struggle on, absent a proven form of relief.