HIGH COURT HEARS CASE ON MEDICAL MARIJUANA

An attorney for an Oakland marijuana cooperative asked the Supreme Court on
Wednesday to let sick people obtain marijuana to help alleviate their
symptoms, in a case that pits the movement for state "medical marijuana"
laws against the federal war on drugs.

The court should recognize a "medical necessity" exception to the federal
prohibition on the possession and distribution of marijuana, said Gerald F.
Uelmen, who represents the Oakland Cannabis Buyers' Cooperative, one of
several "cannabis clubs" that sprang up after California voters approved a
referendum in 1996 permitting doctor- approved use of marijuana.

In political terms, a victory for the Oakland cooperative would be a boost
to the medical marijuana movement, which already has persuaded voters in
eight states to approve referendums similar to California's.

But a ruling in favor of the federal government could be a significant
setback to the movement by creating doubt about the ability of states to
deviate from federal drug law.

Notwithstanding strong support for medical marijuana laws in certain
states, national politicians have opposed them rather than stray from the
zero-tolerance drug policy the public generally demands.

Commenting on the case Wednesday, President Bush's spokesman, Ari
Fleischer, said that Bush was personally opposed to medical marijuana,
despite remarks he made during last year's campaign that suggested some
sympathy for the states' right to adopt a different policy.

Bush's view echoes that of the Clinton administration, which had argued in
court that the California referendum promotes "disrespect" for drug laws.

The Clinton Justice Department sued the Oakland cooperative, and a federal
court ordered it closed in 1998.

Acting Solicitor General Barbara Underwood, a holdover from the Clinton
administration, urged the justices Wednesday not to send a signal that
would "undermine the authority of [Congress] to protect the public from
hazardous drugs."

She argued that there is "no currently accepted medical use" for marijuana,
and that permitting courts and juries to acquit marijuana defendants based
on "medical necessity" would create a massive loophole in federal drug
control laws.

She seemed to receive a receptive hearing. Despite its past support for
state prerogatives, the Supreme Court has already leaned toward the federal
government's assertion of authority against the California cannabis clubs.

In August, after a lower federal appeals court had permitted the Oakland
cooperative to reopen, a majority of the Supreme Court granted the Justice
Department's request to keep the cooperative closed until the justices had
a chance to decide the issue.

Several justices Wednesday expressed skepticism about what they called the
"sweeping" nature of the Oakland group's proposed "medical necessity" rule