COURT TACKLES MEDICAL POT

'Medical Necessity' At Loggerheads With Laws Banning Drugs

On Monday, the U.S. Supreme Court waded into the medical marijuana thicket
when it agreed to decide which takes precedence: federal laws banning the
possession and distribution of marijuana or the "medical necessity" of
seriously ill patients to smoke it. Unless someone rediscovers the 10th
Amendment in the interim, the court's ruling will affect the implementation
of laws in nine states -- including Nevada -- where voter initiatives have
authorized the possession of marijuana for medical purposes.

The case originated in Oakland, Calif., where a "buyers' club" was
distributing marijuana to patients. The club opened with the blessing of the
city after a 1996 initiative allowed patients living in the Golden State who
have a doctor's permission to grow and possess marijuana for medical use.

In January 1998, the federal government sued to block the buyers' club from
distributing pot to patients. U.S. District Judge Charles Breyer closed the
club, stating that its operation undermined efforts to enforce federal drug
laws.

Yet the 9th U.S. Circuit Court of Appeals overturned the decision, stating
that the government did not disprove evidence presented by the club that
marijuana was "the only effective treatment for a large group of seriously
ill individuals." The Supreme Court will hear arguments soon.

If the court takes the evidence on the efficacy of marijuana seriously, the
government is in trouble -- and for good reason. An increasing number of
peer-reviewed studies -- including a two-year research project funded by the
White House drug-control office and conducted by the Institute of Medicine
- -- have concluded that marijuana is an effective treatment for pain and
illnesses like glaucoma and the wasting syndrome that results from cancer
chemotherapy and AIDS medication.

The Clinton-Gore administration faces scrutiny here as well. The
administration makes much ado about respecting "the will of the people" when
it comes to counting ballots in Florida. But it has repeatedly intervened in
medical-marijuana lawsuits to stifle the common-sense desire of voters.

The Supreme Court has a golden opportunity here to affirm the rights of
patients and physicians to determine appropriate treatment.