STATE SHOULD NOT VIOLATE FEDERAL LAW

When there's more than one possible treatment for a problem, it's
important not to grab the first item in arm's reach.

Supporters of a proposed state law to legalize medical marijuana
should weigh that as they push for a likely initiative on Michigan's
November ballot.

The state marijuana initiative -- which The Daily Telegram
recommended against in an editorial Wednesday -- is supported by a
letter and guest editorial published today. I think the issue
deserves federal study, and I genuinely sympathize with patients
seeking what they regard as the best form of relief. Still, it is
important to remember three key facts.

First, the state law would provide no legal protection because
marijuana remains illegal under federal law. Less than three years
ago, the U.S. Supreme Court upheld the federal law over a similar
California medical marijuana law. Michigan would be forced to create
a new system of tracking medical marijuana users and physicians who
approve them. Yet, until federal law changes, that system would serve
no more practical purpose than similar laws on the books in Detroit,
Ann Arbor and several other cities.

Second, there are other pain medications available. In fact, Marinol
uses the same active ingredient -- THC -- as cannabis, the drug
within the marijuana plant. Realistically, Marinol is not considered
as effective, but expecting terminally sick patients to fertilize and
tend their own marijuana plants also bears some unrealistic expectations.

Finally, giving state OK to a drug that has not received approval
from the Food and Drug Administration is a bad idea in principle as
well as precedent. Do Michigan voters intend to create a backdoor
method for states to manage controversial drugs such as marijuana (or
Laetrile) rather than the FDA? People who think that breaking the
rules is a good way to change the rules should take a look at the
Michigan Democratic state presidential primary. Unintended chaos is
typical of how rule breaking usually turns out.

Changing Michigan law before addressing federal law is simply
backward. Courts consistently give federal law priority. Supporters
of medical marijuana should instead light a fire under the state's
senior statesmen. How much have Sens. Carl Levin and Debbie Stabenow
or Reps. John Dingell, John Conyers Jr. or Bart Stupak accomplished
on this issue?

Medical marijuana users need to apply pressure to Michigan's
congressional delegation, not tie up state resources in another
symbolic gesture.