COURT MAY HAVE DOUSED A FIRE, BUT IT STILL SMOKES

The Supreme Court's overruling of a California decision on medical
marijuana, says TIME.com's Jessica Reaves, underscores the need for
reassessment of national laws governing drug use

They've been trying for four years now, but Californians just can't
seem to shake those stodgy federal drug laws. Tuesday, at the White
House's request, the U.S. Supreme Court issued an emergency ban (by a
vote of 7 to 1) on the distribution of marijuana for medical purposes.
Striking down a U.S. Court of Appeals ruling in San Francisco that
would have made "medical necessity" a defense against federal drug
statutes, the Justices indicated they would consider the case for
their fall docket.

If the Supreme Court does decide to take up the marijuana issue, it
could be the first of many judicial forays into the subject; judging
from the small but growing number of states that permit seriously ill
patients to grow and use marijuana under medical supervision
(California voters took the lead in 1996) the issue isn' going away
anytime soon. And this particular case could prompt the Justices to
take an unfamiliar position: While this Court consistently
demonstrates a penchant for decentralizing power from the federal
government in favor of the individual states, federal drug laws remain
sacred cows.

That's despite a growing contingent of doctors, frustrated by the lack
of nuance in federal drug laws pertaining to marijuana, who have begun
to prescribe it to seriously or terminally ill patients -- whose pain
and loss of appetite often respond favorably to the drug, even after
other controlled substances have failed. Many cancer and AIDS patients
have found relief in marijuana, and painful symptoms of other
diseases, like arthritis and multiple sclerosis, can be eased by a
well-timed joint.

And that's quite apart from the issue of general legalization. At
present, marijuana maintains an illogical berth in the roster of
illegal drugs; the DEA website lists it alongside heroin and
methamphetamine as a "drug of concern." Meanwhile, the lack of serious
national debate surrounding the use of marijuana has left the
country's attitudes stagnant, with a knee-jerk reaction to the mere
mention of any "illegal" drug meaning political estrangement for any
politician willing to broach the topic.

New Mexico Governor Gary Johnson, a Republican, is a notable
exception. An outspoken advocate for legalizing pot, Johnson is also a
tri-athlete who maintains steady popularity ratings in his state. And
while most Americans probably aren't quite ready to embrace Johnson's
platform, there are plenty of compelling arguments to be made for
legalizing medicinal marijuana use. We just have to get our fingers
out of our ears long enough to hear them.