CONGRESS OUGHT TO ALLOW MARIJUANA AS MEDICINE

The U.S. Supreme Court sent a message Monday to everyone who cares about
pain relief for the seriously ill: get to work.

The court's ruling against the medical use of marijuana makes all the legal
sense in the world. Congress has clearly outlawed the use of marijuana.
Federal law isn't changed by state laws permitting medical use of the drug,
including one passed by initiative here.

There is room, however, for substantial doubt about the medical wisdom of
forbidding marijuana to seriously ill individuals.

It's well established that, for many people, marijuana can relieve the
nausea caused by chemotherapy. There is also some belief that marijuana can
be helpful for people with a variety of other health problems, ranging from
AIDS to chronic pain. It's open to question whether other treatments can
provide the same or better help. But in cases of serious illness, it's hard
to imagine that society has a stronger interest in controlling marijuana
than it has in letting individuals pursue a promising way to control their
suffering.

Concerns about suffering and pain have motivated voters here and in six
other states to approve initiatives allowing medical use of marijuana. In
Hawaii, the Legislature and the governor approved a medical marijuana law
last year.

If Americans want a more compassionate approach to the medical use of
marijuana, Hawaii provides the example of what must be done at the federal
level. Congress and President Bush must be convinced to change the law. As
Justice Clarence Thomas pointed out in the court's unanimous ruling, it's
the job of Congress, not the court system, to make the laws.

The legislative process can be slower and messier than an initiative or a
court ruling. But it's the proper route under the Constitution. It's also
the best way to create a reasoned, intelligent consensus on a difficult
question.

After decades of putting drug prohibition ahead of pain relief, American
society should focus more on the treatment of suffering patients. The
unwillingness to give dying patients enough pain relief has led to such
questionable efforts as Oregon's assisted suicide law.

Little good has come of the government's efforts to make marijuana go away
by treating it as if it were a much more dangerous substance than it
probably is. Recreational marijuana use remains a significant problem.
Marijuana abuse isn't likely to worsen if medical usages are legalized.
Congress and the administration must find ways to allow marijuana use by
seriously ill people.