COURT CRUSHES POT, PAIN RELIEF FOR THE AILING

Compassion was a key ingredient missing in the U.S. Supreme Court's
narrowly technical ruling this week on medical marijuana.

Compassion is also lacking in the nation's overall war on drugs, left
untouched by the high court's ruling. But even more conspicuously
lacking is effectiveness.

It's understandable that the court would vote, 8-0, that federal law
does not allow a "medical necessity" exception to a federal ban on
distributing marijuana. The impact, however, probably will be small:
Initiatives in several states that allow medical marijuana were not
overturned by the ruling.

Justice Clarence Thomas was right in arguing that federal courts can
only interpret, not write, the federal criminal code, and that the
decision is in keeping with marijuana's listing by Congress under the
Controlled Substances Act.

But neither the court's ruling nor the nation's drug policies take
into account a considerable body of evidence suggesting that marijuana
can benefit people suffering from a host of ailments. Two years ago, a
panel of 11 independent experts at the Institute of Medicine, a branch
of the National Academy of Sciences, said that the active ingredients
in marijuana can be useful for treating pain, nausea and severe weight
loss associated with cancer and AIDS.

The institute's report said there was no evidence that giving the drug
to ill people would increase illicit use among the general public. The
panel did say that delivery methods other than smoking should be
explored, such as a patch, pill or inhalers.

So, if justices can't change the law, why can't lawmakers? They should
realize that marijuana, under close physician supervision, has its
place in treatment. Indeed, Monday's ruling only underscores the need
for legislative reform of America's drug policies.

Coupled with President Bush's recent nomination of hard-liner John P.
Walters as drug czar, the thumbs down on medical marijuana suggest
more of the same. Never mind that the drug war has been a disaster,
overemphasizing criminalization, incarceration and eradication while
giving woefully inadequate attention to prevention and treatment.

Walters favors jail time over voluntary treatment for drug offenders.
He also would deny medical use of marijuana to AIDS and cancer
patients. Sooner or later, something has to give.