DRUGS AND REALITY

Good Sense And Mercy Should Allow For Limited Medical Use Of Marijuana

For some people, marijuana is much more than a casual indulgence. It's
the only way they can find to ease the pain of devastating disease --
or the debilitating side effects of treatment.

While some medical experts contend that legal drugs can take care of
the most uncomfortable symptoms, others -- as well as a federal
appeals court in California -- say the opposite. Marijuana, they say,
is the only thing in some cases that can settle nausea, help patients
gain weight, and calm muscle twitches.

" ...there is a class of people with serious medical conditions for
whom the use of cannabis is necessary in order to treat or alleviate
those conditions or their symptoms; who will suffer serious harm if
they are denied cannabis; and for whom there is no legal alternative
to cannabis for the effective treatment of their medical conditions
because they ...have found that they are ineffective, or that they
result in intolerable side effects."

The U.S. 9th Circuit Court of Appeals made that pronouncement in the
case of the United States v. Oakland Cannabis Buyers' Cooperative. The
ruling is expected to be argued before the U.S. Supreme Court this
spring.

The cooperative, in accordance with California law, helps people get
marijuana, so long as they have a doctor's recommendation that it will
help keep their symptoms at bay. In 1996, California became the first
of nine states to allow medical use of marijuana. But the U.S.
Department of Justice argues any such law "threatens the government's
ability to enforce the federal drug laws."

The Supreme Court will have to choose whether to side with the Justice
Department, which has the Controlled Substances Act on its side, or
the drug cooperative, which has science and states' rights in its corner.

If justice is merciful, the medical use of marijuana will be deemed a
legitimate exception to the act, especially if states choose to allow for
its use.

Lord knows there is work to be done to improve pain management in this
country. Medical marijuana doesn't come close to addressing all the
problems of the chronically ill. But if it brings real relief to those
who can't find it anywhere else, where's the harm?