MARIJUANA ON THE DOCKET

The U.S. Supreme Court has accepted a case that should finally clear
up the issue of the medicinal use of marijuana.

Two California women had sued the federal government asking for court
orders to smoke, grow or obtain marijuana without fear of prosecution.
States like California allow such use with the recommendation of a
doctor. The women's case was upheld on appeal last year, but the Bush
administration appealed to the Supreme Court, which has agreed to hear
arguments next session.

Thirty-five states have laws recognizing the medical value of
marijuana. The Justice Department argues that federal law trumps any
state action on the use of medical marijuana.

The court has sent mixed messages on the issue. Three years ago the
court ruled that marijuana "members only" clubs couldn't claim
medical necessity even if doctors had recommended the drugs to the
patients who held membership. But last year, the court also told the
Bush administration that it would not hear a request to determine if
the federal government could punish doctors simply for recommending
marijuana use by patients. The decision to consider whether patients
might use the drug legally may answer the questions.

Some doctors believe marijuana use can help seriously ill patients
cope with the pain and nausea that often accompany chronic diseases,
including cancer and AIDS. Ideally, it would be available by
prescription like other serious drugs. Yet, patients who choose to use
it now do so at their peril. In addition to all the other things with
which they must cope, they could face prosecution. Justices have eased
a lot of minds just by agreeing to listen to how the law might help
them and their doctors bear their burden.