FEDERAL LAW NEEDED FOR MEDICAL MARIJUANA

The U.S. Supreme Court ruling enabling federal prosecution of
marijuana distribution -- despite "medical marijuana" laws in Hawai'i
and other states -- sets up an unfortunate quandary that only the
federal government can fix.

The court correctly ruled that state laws allowing medi-cinal
marijuana can't trump federal laws that allow prosecution of its use.

Proponents of medical marijuana argue that the decision does not
necessarily throw out a 3-year-old 9th Circuit Court of Appeals ruling
that bars the prosecution of doctors where state law permits medical
marijuana use.

Regardless, without the clear assurance of legality, most doctors will
be reluctant to issue certifications for medicinal marijuana in
Hawai'i or the 10 other states that allow it.

Clearly some of the justices were sympathetic to the use of marijuana
as a palliative for pain sufferers. Chief Justice William Rehnquist,
suffering from thyroid cancer, opposed the decision, and Justice John
Paul Stevens, a cancer survivor, said the ruling did not pass judgment
on marijuana's medical benefits.

What the ruling did was pressure Congress to bring clarity to this
clouded matter. Next week the House will vote on an amendment that
would prevent the federal government from spending funds to interfere
with state medical-marijuana laws.

That is the wrong approach. It wouldn't preclude federal law
enforcement from using existing funds to pursue doctors or even patients.

The prohibition against marijuana for pain relief or medi-cinal
purposes is a law that is rapidly being overcome by the needs of
society. There are many who still oppose its use under any
circumstances, but the movement toward its legalization for limited
purposes seems to be accelerating.

Congress must acknowledge the legal conflict and the pressing need for
resolution. Lawmakers must resurrect a campaign for a national medical
marijuana law. Neither patients nor their doctors should be left
dangling in the breach between an ironclad, outdated federal
prohibition and state provisions that allow people to be treated with
compassion.