HIGH COURT WEIGHS IN ON LAWS GOVERNING MEDICAL MARIJUANA

The Issue: A U.S. Supreme Court Ruling May Affect How Well Hawaii's Law
Authorizing Medical Marijuana Use Works.

MARIJUANA'S use for medical purposes will not end abruptly because of
the U.S. Supreme Court's ruling that a federal ban supersedes laws in
Hawaii and eight other states. However, it could drive the distribution
of cannabis underground, at least temporarily melding its dissemination
for illicit and for worthwhile uses. Congress should correct the
situation by allowing states to retain authorization of marijuana's
distribution for use in treatment of certain ailments.

State laws allowing the use of marijuana for such treatments are not
merely a clever way to legalize pot. Marijuana's classification as a
schedule I drug under the federal Controlled Substances Act carries an
administrative assertion that it has "no currently accepted medical
use." Medical research has shown otherwise. Where allowed, physicians
have prescribed it to alleviate pain and suffering from numerous
illnesses, including AIDS, cancer, multiple sclerosis, glaucoma and
migraine.

Hawaii's statute allowing medical use of marijuana was enacted by last
year's Legislature and signed into law by Governor Cayetano. Eighty
patients have registered to use marijuana since the program began
operating on Dec. 28. Ted Sakai, the state public safety director, says
the registry will continue to be open. The source and distribution route
of these patients' marijuana could be another matter.

The high court's ruling addresses the narrow area of organized
manufacturing and distribution of marijuana. It does not prohibit
physicians from prescribing it, and they can be expected to continue
obtaining it and administering it to patients in privacy. Nor does it
forbid patients from using it for medical treatment. However, the
process will be more cumbersome. Many patients may prefer to find
easier, if illegal, sources.

The ruling has nothing to do with whether marijuana is effective in
treating illness, but rather whether federal rules prevail over state
laws covering distribution of marijuana. Robert Raich, the lawyer for
the Oakland, Calif., marijuana cooperative targeted in the Supreme Court
ruling, said there are "many other issues ripe for review" in lower
courts, including the issue of states rights, that may end up in the
Supreme Court.

Congress should put an end to further litigation by authorizing an
exception in the Controlled Substances Act to allow medical use of
marijuana in states that have such laws. The issue of whether to allow
cannabis to be used for medical purposes is the wrong battlefield for
the federal government to fight the war on drugs.