SUPREME COURT KOS MEDICINAL MARIJUANA USE

Medical marijuana users say they feel burned by the nation's highest court
after it ruled yesterday that seriously ill patients can't legally smoke
pot - even if their state laws allow them to toke up.

The controversial decision now raises questions about laws in nine states -
including Maine - where thousands of medical marijuana users are protected
from state prosecution.

In yesterday's decision, the U.S. Supreme Court said that a federal law
classifying pot as an illegal drug has no exception for patients with AIDS,
cancer and other diseases.

``How can people in the courts decide what medically is good for me?'' said
Brian Fitzgerald, 53, a wheelchair-bound, half-blind father of three in
Springfield, who says smoking marijuana eases his spasms from multiple
sclerosis.

``My prescription medication makes me sick, and I don't function that well
the next day,'' Fitzgerald added. ``But pot just relaxes my muscles and I
don't have side effects.''

The ruling stemmed from a California case, where a marijuana club was
distributing the drug to members who had a doctor's approval for such
treatment. California is one of the states that protect medical marijuana
users from state prosecution, and advocates were hoping that a U.S. Supreme
Court ruling in their favor would end the conflict between federal and
state laws.

Pot proponents say marijuana eases the debilitating pain and suffering from
MS, chemotherapy, severe migraines and other ailments.

The California club argued that ``medical necessity'' in such cases should
create a legal defense from prosecution under the federal Controlled
Substances Act, which prohibits the manufacturing and distribution of
marijuana.

But the U.S. Supreme Court rejected that in a unanimous ruling.

``The Act reflects a determination that marijuana has no medical benefits
worthy of an exception (other than Government-approved research),'' Justice
Clarence Thomas wrote.

Anti-pot groups applauded the Supreme Court's ruling, saying it sends a
desperately-needed message - especially to youth.

``The message is, drug use, under the guise of medicinal marijuana, is not
going to be tolerated,'' said William Breault, of the Worcester-based
Main-South Alliance for Public Safety, a community organization.

``Kids see this debate and take out of it that it's medicine, so it should
not be bad to smoke a joint,'' Breault added. ``It's not good medicinally,
and it certainly isn't good for young people.''

Yet a substantial number of experts maintain that there are medical
benefits to pot use for the seriously ill. They say the decision should be
made by doctors - and not judges.

``I see a need for a conversion of marijuana from its current status to a
status in which physicians are allowed to use the material for patients at
the physician's discretion,'' said Dr. Jerome Kassirer, former editor of
the New England Journal of Medicine.

``The whole issue of sick people using marijuana is going to have to be
addressed by Congress and by leadership at the White House level, and I
can't imagine that will happen with the current administration.''

State officials are unsure how the ruling will affect current medical
marijuana smokers. In Maine, for example, pot smokers are immune from state
prosecution if they possess no more than 1.25 ounces of marijuana and have
a doctor's letter clearing them for use.

``We're reviewing and analyzing the Supreme Court opinion,'' said Chuck
Dow, spokesman for Maine Attorney General Steven Rowe. ``In the days and
weeks ahead, we'll be working to provide the legislature and other policy
makers with the best advice we can, consistent with that opinion.''

Yet, marijuana proponents in Massachusetts are pushing ahead with attempts
to pass similar laws. A hearing will be held Thursday on two medical
marijuana bills.

``We know we have popular support,'' said William Downing, president of
MASS CANN/NORML, one group pushing for the legalization of pot.

Last fall, state voters approved nonbinding ballot questions that would
make pot available for medical uses.