RX: MARIJUANA

High Court In Effect Sends Issue To Congress

Imagine that one of the pharmaceutical giants was trying to market a
drug that had not been proven effective, a drug that had not been
proven safe, a drug for which guidelines related to dosages and other
sound medical protocols had not been established, a drug for which
there were already safe and effective alternatives for most people.

That the drug should be banned is a no-brainer. But the drug at hand
is marijuana, promoted by advocates for its medicinal value. And the
fight over so-called medical marijuana has never been about science
and medicine. It's about politics. And the U.S. Supreme Court
yesterday put the fight back where it belongs -- in the political
arena of Congress, where legitimate compassion for truly sick or
disabled persons should be addressed if it so chooses.

The court, acting on a California case in a 6-3 decision, ruled that
state "medical marijuana" laws such as that approved by California
voters in 1996 do not protect users from federal laws.

But the court did not invalidate the California law or those of nine
other states that allow the use of marijuana for medical purposes.

Justice John Paul Stevens, writing the court majority's opinion, said
there were other legal options open to patients who seek to use
marijuana to relieve pain or other symptoms, "but perhaps even more
important than these legal avenues is the democratic process, in
which the voices of voters allied with these (patients) may one day
be heard in the halls of Congress."

That day could, in fact, come next week when the House may consider
an amendment that would prohibit federal prosecution of medical
marijuana patients in states that have legalized it.

Until Congress passes such a new policy, the effect of yesterday's
court ruling will likely be to merely maintain the status quo, in
which medical marijuana remains illegal under federal law, but most
patients who continue to use it in states like California will be
protected. That's because the overwhelming majority of medical
marijuana cases are handled by state and local police, while federal
authorities concentrate on major drug rings.

"People shouldn't panic," said California Attorney General Bill
Lockyer. "There aren't going to be many changes. Nothing is different
today than it was two days ago, in terms of real world impact."

In fact, it was not a federal prosecution that led to yesterday's
ruling. The case was initiated by two California women, Angel Raich
of Oakland and Diane Monson, who sued then-U.S. Attorney General John
Ashcroft, asking for a court order allowing them to obtain, grow or
smoke marijuana without fear of arrest by authorities.

If Raich and Monson are to get what they want, they'll have to get it
from Congress.