THE COUNSELOR'S CORNER

Supreme Court Goes To Pot Over Marijuana

Let the federal government mind its own business. No, this does not reflect
my general view of legislation. But it certainly does as it pertains to the
federal legislation that led to the U.S. Supreme Court's ruling in May
regarding the medical use of marijuana.

California is one of nine states that permits the use of marijuana under
certain circumstances. California defines its particular circumstances as
"medical necessity."

There are many individuals who suffer a great deal of pain from their
diseases or injuries, for which marijuana provides incredible medicinal
value. Terminally ill patients who have been given marijuana often claim it
is the only drug that helps with their pain. The question now becomes how
the federal legislation, called the Controlled Substances Act, and the
Supreme Court ruling applying it to all states and, in effect, giving it
the power of overruling all state laws, will play out in California.

Proposition 215, which is California's medical marijuana law, is still in
existence. Most marijuana arrests are made by state law enforcement
officers; very few are made by federal authorities. It now remains to be
seen how local law enforcement agencies decide to deal with this ruling.
There is a common perception that if local law enforcement decides to make
arrests of people using marijuana for medical purposes, they will encounter
less-than-sympathetic juries.

Justice Clarence Thomas wrote the opinion for the court indicating his
belief that "marijuana has no medical benefits worthy of an exception." To
put it mildly, I am not a fan of Justice Thomas and I believe that this
statement reflects his ignorance on yet another issue. I don't know where
he got that belief, for literally everything out there in the scientific
community indicates that the ameliorative effects of marijuana on people in
significant pain are incredible. It is also valuable regarding relief from
nausea, which comes from chemotherapy, and relief from pressure inside the
eyes of those who suffer from glaucoma.

Only time will determine whether this ruling becomes a tempest in a teapot
or whether it ends up having a significant impact on the citizens of this
state.

The states of Nevada and Maine are considering creating their own marijuana
distribution systems, which would be sponsored and controlled by the states
themselves. I think these states will run into difficulty after this ruling.

Hopefully, federal authorities will not decide to get serious about
enforcement of this federal statute in our fair state and Californians will
be left alone so that those who need the drug will continue to gain the
benefit, without federal interference, they presently receive.