ASSISTED-SUICIDE RULING MAY AFFECT MEDICAL-MARIJUANA USE

The decision by a federal appeals court on Oregon's assisted-suicide
law last week could have implications for other medical-practice
issues, particularly medicinal use of marijuana.

In 2002, the 9th Circuit Court of Appeals ruled against the federal
government and for doctors in California, who were threatened with
punishment and potential loss of their licenses to prescribe
medication if they recommended medical marijuana to their patients.

The court ruled that doctors had a right under the First Amendment to
the Constitution to discuss the issue with patients.

Oregon and California are among the 10 states -- mostly in the West --
with medical-marijuana laws. Vermont's Legislature cleared its bill
last week, and the governor will let it become law without his signature.

The others are Alaska, Arizona, Colorado, Hawaii, Maine, Nevada and
Washington. Maryland allows a legal defense of health reasons for
patients who use marijuana, lessening penalties for its possession.

The laws are at odds with the federal government.

Kevin Neely, Oregon Justice Department spokesman, said the federal
government classifies marijuana in one category of controlled
substances -- and the drugs that doctors may prescribe for terminally
ill patients in another category.

"The advocates for medical marijuana may take a closer look at this
week's decision," Neely said. "But our position is that we're talking
about apples and oranges here."

Under a 1970 federal law, which the U.S. Supreme Court upheld in 2001,
people cannot possess or use marijuana even if they invoke "medical
necessity."

But the 9th Circuit ruled in December that the Controlled Substances
Act does not apply to patients who have obtained doctors' approval to
use the drug in states with medical-marijuana laws. The 2-1 decision
held that federal officials cannot prosecute them if marijuana is used
for medical purposes under state laws, is grown locally, dispensed
non-commercially, and does not cross state lines.

The U.S. Justice Department is likely to appeal that decision to the
Supreme Court.

The U.S. Drug Enforcement Administration has cracked down on
distribution networks in California. But a federal judge ruled last
month that based on the 9th Circuit decision in December, federal
agencies cannot punish a distribution organization that DEA raided in
Santa Cruz, Calif.

Unlike California, Oregon does not permit sale of marijuana for
medicinal purposes under a ballot measure that voters approved in 1998.

Oregon law does allow a registered patient or a designated primary
caregiver to possess one ounce of usable marijuana, plus three mature
marijuana plants and four immature plants, at a specified location.

The process involves paying a fee and obtaining a card from state
health officials, and notifying law enforcement officials.

Supporters have argued for a less cumbersome system to get marijuana
to patients, but critics say their aim is de facto legalization of the
drug.

Shawn Flury of Salem is part of the newly formed Oregon Green Cross
organization. He was angered last week when Clackamas County sheriff's
deputies uprooted 120 plants at a site near Marion County, even though
Green Cross said it had proper paperwork for at least 27 patients.
Charges are pending.

"We have been trying to get free medical marijuana to as many patients
as possible -- and we give it away," Flury said. "There is no
precedent for a medical-marijuana garden being ripped out of the
ground like this. Now we have patients around the state who are suffering."

A new initiative that advocates hope to qualify for the Nov. 2 ballot
would set up a system of dispensaries. It also would raise the current
limits on possession to one pound and 10 plants.