MEDICAL 'POT' CASE REACHES TOP COURT

WASHINGTON -- A California marijuana cooperative's lawyer has asked the US
Supreme Court to let sick people obtain the drug to help alleviate their
symptoms in a case that pits the push for "medical marijuana" laws against
the federal war on drugs.

Gerald Uelmen told the court it should recognise a "medical necessity"
exception to the federal prohibition on the possession and distribution of
marijuana. Mr Uelmen represents the Oakland Cannabis Buyers' Cooperative.

The cooperative is one of several "cannabis clubs" that sprang up after
California voters approved a referendum in 1996 permitting doctor-approved
marijuana use.

In political terms, a victory for the Oakland cooperative would be a boost
to the medical marijuana movement, which has persuaded voters in eight
states to approve referendums similar to California's.

But a ruling in favor of the federal government could significantly set
back the movement by creating doubt about the ability of states to deviate
from federal drug law.

Despite strong support for medical marijuana laws in certain states,
national politicians have opposed the laws rather than deviate from the
zero-tolerance drug policy the public generally demands.

Commenting on the case on Wednesday, President George W. Bush's spokesman,
Ari Fleischer, said Mr Bush was personally opposed to medical marijuana,
despite remarks he made during last year's campaign that suggested some
sympathy for the states' right to adopt a different policy.

Mr Bush's view echoes that of the former Clinton administration, which had
argued in court that the California referendum promotes "disrespect" for
drug laws. The Clinton Justice Department sued the Oakland cooperative; a
federal court ordered it closed in 1998.

Acting Solicitor-General Barbara Underwood urged the court on Wednesday not
to send a signal that would "undermine the authority of (Congress) to
protect the public from hazardous drugs".

She argued there was "no currently accepted medical use" for marijuana and
that permitting courts and juries to acquit marijuana defendants based on
"medical necessity" would create a massive loophole in federal drug laws.

Despite its past support for state prerogatives, the Supreme Court has
leaned toward the federal government's assertion of authority against the
California cannabis clubs.

In August, after a lower federal appeals court had permitted the Oakland
cooperative to reopen, a majority of the Supreme Court granted the Justice
Department's request to keep the cooperative closed until the justices had
a chance to decide the issue.