LET THE STATES MAKE DECISION ABOUT USING MARIJUANA MEDICINALLY

On March 28, the U.S. Supreme Court heard arguments in a case of whether
patients may get marijuana as a ''medical necessity'' even though it is an
illegal drug under federal law.

A ruling for the Oakland Cannabis Buyers Club would allow special marijuana
clubs to resume distributing the drug in California, which passed one of
the nation's first medical marijuana laws in 1996.

A ruling for the federal government would mean the government could
prosecute distributors aggressively in federal court, regardless of whether
states have approved medical marijuana use. That would force providers
underground or out of business altogether.

Voters in Alaska, Colorado, Maine, Nevada, Oregon and Washington also have
approved ballot initiatives allowing the use of medical marijuana. In
Hawaii, a similar law was passed by the legislature and signed by the
governor in June 2000.

Not surprisingly, the case has pitted many patient rights and anti-drug
advocates against each other.

Some people view marijuana as something akin to a miracle drug that can
help thousands of people suffering from debilitating pain and nausea. For
cancer patients, marijuana can curb the nausea associated with
chemotherapy. As an appetite stimulant, it can help AIDS patients from
wasting away. For patients in pain, the drug can offer relief without the
incapacitation some painkillers cause.

Others view marijuana as a part of America's scourge of narcotics, leading
to violence, addiction, crime and poverty. Many consider arguments for the
medicinal use of marijuana as an attempt to begin legalizing the drug. If
marijuana is legal for any one segment of the population, many believe the
war on drugs will suffer irreparable harm.

In 1970, a federal law was passed that regulated the distribution of
marijuana. That law also found no medical use for marijuana. The Supreme
Court ruling, which is expected in June, will determine whether or not
states can pass laws allowing marijuana use for medicinal purposes even
though it violates federal law.

As much as people want to make this case a battle over drugs, we believe it
is really an issue of states' rights. The question at hand is whether or
not the citizens of a state can decide if there is enough medical evidence
to support the health benefits of marijuana for patients suffering from
symptoms related to everything from cancer to glaucoma to multiple sclerosis.

Except in limited cases, such as those of national security and trade, we
believe state laws should supersede federal laws. We realize there is a
federal interest in limiting the distribution and sale of illicit drugs.
However, there is also a state interest in providing medical treatment
options for its citizens.

Knowing there is a treatment that could help people who are suffering from
the effects of disease and keeping that relief away from them seems to
violate any sense of humanity and decency. It would be like withholding a
hamburger from a hungry person because it might be fattening. We realize
that marijuana has a history of being used as a recreational drug, but that
fact should not taint it from being prescribed as a medicinal drug.

With the proper regulatory and distribution measures in place, we believe
marijuana, like any prescription drug, can be safely provided to patients
with a doctor's recommendation. Today, a doctor can prescribe dozens of
extremely powerful and highly addictive painkillers. To prevent fraud or
abuse, some state and federal agencies track prescriptions of those drugs.
If a state's law allows medicinal marijuana use, it could be regulated in a
similar fashion.

There are many people who worry that allowing medical use of marijuana will
increase its use among people who do not have a prescription for the drug.
According to a 1999 study by the National Academy of Sciences Institute of
Medicine, there is no convincing research to support that theory.

''The existing data are consistent with the idea that this would not be a
problem if the medical use of marijuana were as closely regulated as other
medications with abuse potential,'' the report stated.

Regardless of what the Supreme Court decides, we hope our federal lawmakers
will consider changing the law regarding marijuana distribution and allow
states to each decide whether the drug can be treated as a prescription
medication.