MEDICAL "USERS' PROTECTED

On March 28, the U.S. Supreme Court heard oral argument in a case
addressing whether medical marijuana distributors may offer a "medical
necessity" defense in federal court. The Court's ruling in U.S. v. Oakland
Cannabis Buyers' Cooperative cannot overturn California's medical marijuana
law.

In the case, the U.S. Department of Justice is asking the Supreme Court to
reverse the September 13, 1999 decision of the U.S. Ninth Circuit Court of
Appeals, which permits entities to distribute marijuana if they can prove
that their clients are seriously ill and have a legitimate medical need for
the substance.

This case deals exclusively with federal law and is essentially limited to
distribution issues: it does not question a state's ability to allow
patients to grow, possess, and use medical marijuana under state law.

Nearly 99 percent of all marijuana arrests in the nation are made by state
and local (not federal) officials. Thus, California's medical marijuana law
effectively protects 99 out of every 100 medical marijuana users who
otherwise would have been arrested and prosecuted - no matter what the
Supreme Court rules in the Oakland case.

Robert Kampia,

Executive Director

Marijuana Policy Project, Washington, D.C.