MARIJUANA DECISION DOES NOT SOLVE ISSUE

(U-WIRE) COLUMBUS, Ohio -- Monday's unanimous Supreme Court ruling, that
federal law does not recognize "medical necessity" as an exception to
distribution, does not end medical marijuana use. In fact, it puts the
issue back into the hands of the states.

The only thing that the ruling states, and it is a very narrow opinion, is
that current federal law classifies marijuana as a Schedule One drug that
is dangerous and has no possible medical value. Under this law, passed in
1970, the Supreme Court could not come to any other conclusion but to stop
private distribution.

But Bill Lockyer, attorney general of the state in the middle of this case
- -- California -- is correct when he cites: "... the responsibility for
determining what is necessary to provide for public health and safety has
traditionally been left to the states."

To circumvent the court's ruling the only thing that needs to be done is to
set up state distribution of marijuana. In fact two states, Nevada and
Maine, are already considering such a program. Of the eight states with
medical marijuana laws, only one -- Hawaii -- had these laws passed by the
legislature. It was by ballot in the other seven. Hopefully this same
grassroots pressure can be brought to bear on state governments, in order
to get them to fund state-run distribution schemes.

It also must be remembered that most criminal prosecution involving
marijuana sales occurs on the local level. City district attorneys are the
front line in this fight. If they decide, like San Francisco district
attorney Terence Hallinan, to not prosecute groups and individuals quietly
distributing marijuana ... then federal courts could find themselves
swamped with new cases not being tried locally. Not to mention the serious
image problems brought on by prosecuting a terminal cancer patient for
buying and using the only substance that helps them with their seizures and
actually gives them an appetite.

The best, and most obvious, solution would be to change the 1970 federal
law. The current administration does not support legalization of marijuana.
But it wouldn't have to; the only thing that needs to be changed in the
current law is the removal of the no possible medical value clauses. If it
is recognized to have some medicinal value, then the private clubs could
once again handle the distribution for the neediest of patients; until drug
scheduling problems are remedied.

Monday's ruling doesn't kill medical marijuana, it merely forces society to
deal with the issue in a circuitous manner.