RX: MARIJUANA

The federal government knows that pot relieves pain for cancer patients,
yet the drug warriors continue their opposition, and the Supreme Court now
appears likely to join them

THE legal prognosis for the medical use of marijuana is worsening. Last
week, the U.S. Supreme Court telegraphed that it favors killing off
California's compassionate effort to give patients access to the drug. The
final plug may be pulled this fall.

We hope the justices don't make that cruel mistake. The war on drugs
shouldn't be so blinding that seriously ill people are denied the unique
medicinal relief that marijuana provides.

California and seven other states have seen through the foolishness with
ballot measures sanctioning medical marijuana. But politicians have lagged
behind voters. For four years, the Clinton administration has argued that
federal law prohibits the use of marijuana even when a doctor deems it a
medical necessity.

Lower courts, rightly, have been skeptical of that stand. But last week the
Supreme Court, voting 7-1, rubber stamped an emergency request to prohibit
an Oakland group from distributing marijuana. This test case technically
doesn't throw out Proposition 215. However, granting the plea signals the
justices favor doing that later this year.

Only Justice John Paul Stevens appears to want to stop this steamroller.
The government, he said, ``has failed to demonstrate that the denial of
necessary medicine to seriously ill and dying patients will advance the
public interest or will impair the orderly enforcement of federal criminal
statutes.''

The federal government comes to the case with dirty hands; it knows
marijuana has medical benefits. After Proposition 215's passage, the
Clinton administration's drug czar challenged the National Academy of
Science to give him evidence. Last year it issued a report that outlined
how marijuana relieved pain and stimulated appetite in many patients.

This wasn't news to federal regulators. The Drug Enforcement Administration
for two decades has been distributing marijuana to eight people enrolled in
its research program. And 12 years ago, an administrative law judge working
for the DEA concluded: ``It would be unreasonable, arbitrary and capricious
for DEA to continue to stand between sufferers and the benefits of this
substance.''

Obviously, more study should be done on how effective and safe marijuana is
when compared to other treatments. A right step to that end is a new
state-supported cannabis research center to be operated by the University
of California, announced last week.

Despite past studies and continuing scientific interest in the drug, the
federal government hasn't budged. Marijuana still is classified as a
Schedule 1 drug -- a category reserved for substances with no known medical
benefits even when administered by physicians. Even notorious narcotics
such as cocaine and morphine don't fall into that grouping.

Now, unfortunately, the court also appears poised to buy into this
irrational judgment when it comes to medical marijuana.