MARIJUANA LOOPHOLE CLOSED

The Supreme Court's rare unanimity in slapping down an appeals court's
invention of a loophole in the marijuana laws carries special weight. Take
heed, legislators of Massachusetts.

The 9th U.S. Circuit Court of Appeals had ruled that a California marijuana
"buyers' cooperative" could defend itself against federal closure efforts
with a claim of "medical necessity."

In other words, just because some people said marijuana eased nausea (or
had other benefit), the laws that Congress makes don't have to be obeyed by
people who allege that they're easing somebody's nausea.

But Congress knows how to create exceptions to the law, and it did not,
wrote Justice Clarence Thomas for his colleagues. The judgment of Congress
in this federally pre-empted area via the Controlled Substances Act must be
respected (an approach to judicial decision-making that should be more common).

On Beacon Hill, the Judiciary Committee is to hear testimony Thursday on
bills that would permit the medical use of marijuana in Massachusetts. The
committee should not waste the time of its witnesses or the public. Not
only is this ill-advised legislation, it's not even a matter the state can
decide.