MEDICAL POT WINS, AGAIN

ALTHOUGH it may be short-lived, the federal court ruling this week on
medical marijuana offered a ray of encouragement to those who advocate
for its clinical use and a signal to the U.S. Justice Department to
rethink its heavy-handed policy of punishing those who use or
cultivate pot only to alleviate human suffering and pain.

The Ninth Circuit U.S. Court of Appeals in San Francisco dealt at
least a temporary setback Tuesday to the government's effort to derail
the state's medical marijuana law, ruling 2-1 in favor of two women
who, with doctors' advice, use locally grown pot to ease many physical
discomforts, including pain from a brain tumor.

The court questioned the constitutionality of applying the federal ban
on marijuana to people who, in compliance with state law, get and use
the drug for free within state boundaries. If the drug is neither sold
nor transported between states, the court said, neither Congress nor
the White House can dictate its use.

It is hoped that the narrow victory will hold up if appealed to the
U.S. Supreme Court, which has rendered past decisions favorable to
both medical marijuana camps.

Nonetheless, it's encouraging that the recent ruling is the second in
two months against the federal effort to uproot California's medical
marijuana law. In October, the Supreme Court sided with advocates by
rejecting a Bush administration request to outlaw doctor-patient
discussions on the possible medical benefits of pot.

Together the rulings hint at a judicial trend that ought to give the
Justice Department pause. At a minimum, they suggest that the states
have the right to police themselves and craft humane systems to care
for their citizens without fear of federal retribution.