STOKING THE HIGH COURT

Medical Marijuana's Supreme Court Battle

Last June, California resident Peter McWilliams choked to death on his own
vomit because he was denied the right to use medical marijuana, the only
substance that would allow him to stomach a potent combination of AIDS and
cancer drugs.

Though California legalized marijuana for medicinal purposes in 1996 with
Proposition 215, McWilliams was denied the right to mention the proposition
in his federal trial for marijuana possession, despite his constant nausea,
weight loss and the spreading of his cancer.

But hope may be in store for millions of patients who face the same
circumstances as McWilliams. A case to be presented to the U.S. Supreme
Court early next year has the potential to stop the injustices of federal
attacks on medical marijuana users.

It is good that the Supreme Court has agreed to hear this case because
states should have the right to decriminalize medical marijuana without
federal intervention.

The case in question has been snaking through district courts since 1998,
when the Justice Department, under the urging of the Clinton
administration, won an injunction to prevent the distribution of medical
marijuana by California's cannabis growers clubs.

Because Proposition 215 violated federal law under the Controlled
Substances Act, states' rights to allow ill patients access to marijuana
were denied. A U.S. Appeals Court then overturned the decision because
medical necessity can be used as a defense against charges under federal
law, though that appeal has since been stayed by the Supreme Court until
the probable ruling next June, so California's Prop 215 is still rendered
impotent.

The case itself hinges on the issue of medical necessity.

Medical marijuana advocates must be able to prove that no other substance
works to alleviate symptoms of certain diseases like glaucoma, asthma,
AIDS, cancer and even the common headache.

This is not an easy task, since independent medical marijuana research has
been banned in the United States for more than three decades.

Therefore, no one at the federal level has the hard scientific proof that
marijuana can be used medicinally. According to federal drug scheduling
laws, medical marijuana has no medical uses. But accumulating evidence
suggests otherwise.

The U.S. Supreme Court case has the potential to free medical marijuana
users and legal suppliers from prosecution under federal law. Until then,
medical marijuana will remain an unfairly prosecuted and underground
black-market trade.

The Supreme Court has every responsibility to pay attention to the
democratic process that has legalized marijuana in California and eight
other states during the last five years, despite unjust claims by federal
officials that claims of marijuana's medicinal use is unfounded or simply a
stalking horse for legalizing pot for recreation and personal use.

The Supreme Court also has the right to deny states and municipalities the
right to create laws legalizing medical marijuana.

This is especially important at a local level as activists attempt to
legalize medical marijuana within the city of Ann Arbor and the state
through ballot initiatives. The Supreme Court is right in hearing this case
and must not deny the the sick their fundamental right to this valuable
medicine.

Medical marijuana laws must be free from federal oversight.