News (Media Awareness Project) - US CA: Editorial: Straight Dope On Marijuana |
| Title: | US CA: Editorial: Straight Dope On Marijuana |
| Published On: | 1999-09-24 |
| Source: | San Luis Obispo County Tribune (CA) |
| Fetched On: | 2008-09-05 19:36:24 |
STRAIGHT DOPE ON MARIJUANA
Sooner or later California and the federal government are going to get it
straight. We're talking about the use of marijuana for medical purposes.
The 9th U.S. Court of Appeals ruled unanimously in San Francisco last week
that cannabis clubs in the state (cannabis is the technical term for
marijuana) can distribute the stuff as long as they are able to prove that
the users can suffer great pain, perhaps serious harm, if they don't use it.
The ruling, overturning a lower court decision, flies in the face of federal
policy, which holds that marijuana is without medicinal value.
This conflict of judgments left everyone confused until an explanation was
delivered by Gerald F. Uelman, a law professor at Santa Clara University.
Uleman held that the ruling means that "federal law is not an absolute
barrier to distribution of marijuana. It requires courts to exercise
discretion to look at the circumstances of individual patients and weigh
that against the public intrest."
At least for now, indications are, mercifully, that Washington will let the
Appeals Court ruling stand, federal law notwithstanding.
But it's an uneasy situation at best.
If the wishes of Californians are to be honored, the medical use of
marijuana should be allowed. When the issue was put to a public vote in
November 1996 as Proposition 215, it passed by a wide margin.
But many citizens, medical authorities and newspapers such as ours, have
been uneasy about laws allowing use of marijuana for medical purposes. Prop.
215 may have humanitarian purposes, but our feeling has been that the
language is not specific enough and could lead to abuse.
On the other hand, there is evidence that sufferers of such diseases as
cancer and AIDS can obtain relief if allowed to use marijuana by
prescription and under continual doctor vigilance.
The time is overdue for the courts and the federal government to come to an
understanding.
As matters stand, we in California apparently are violating federal policy,
and we're doing so with the blessing of a federal court.
Sooner or later California and the federal government are going to get it
straight. We're talking about the use of marijuana for medical purposes.
The 9th U.S. Court of Appeals ruled unanimously in San Francisco last week
that cannabis clubs in the state (cannabis is the technical term for
marijuana) can distribute the stuff as long as they are able to prove that
the users can suffer great pain, perhaps serious harm, if they don't use it.
The ruling, overturning a lower court decision, flies in the face of federal
policy, which holds that marijuana is without medicinal value.
This conflict of judgments left everyone confused until an explanation was
delivered by Gerald F. Uelman, a law professor at Santa Clara University.
Uleman held that the ruling means that "federal law is not an absolute
barrier to distribution of marijuana. It requires courts to exercise
discretion to look at the circumstances of individual patients and weigh
that against the public intrest."
At least for now, indications are, mercifully, that Washington will let the
Appeals Court ruling stand, federal law notwithstanding.
But it's an uneasy situation at best.
If the wishes of Californians are to be honored, the medical use of
marijuana should be allowed. When the issue was put to a public vote in
November 1996 as Proposition 215, it passed by a wide margin.
But many citizens, medical authorities and newspapers such as ours, have
been uneasy about laws allowing use of marijuana for medical purposes. Prop.
215 may have humanitarian purposes, but our feeling has been that the
language is not specific enough and could lead to abuse.
On the other hand, there is evidence that sufferers of such diseases as
cancer and AIDS can obtain relief if allowed to use marijuana by
prescription and under continual doctor vigilance.
The time is overdue for the courts and the federal government to come to an
understanding.
As matters stand, we in California apparently are violating federal policy,
and we're doing so with the blessing of a federal court.
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