JUDGE WANTS POT EXPLANATION

The federal government must explain why marijuana can be given to some
sick people for medicinal reasons, but not to others, a federal judge
in Philadelphia ruled yesterday.

U.S. District Judge Marvin Katz upheld the constitutionality of
federal laws that criminalize the use, possession or distribution of
drugs.

But the judge said he needs "a factual record" so he can determine
whether the government may exclude people with various illnesses from
a so-called "compassionate use program" when others are still getting
marijuana through this program.

The medicinal marijuana program stopped taking new applicants in 1992
and only about eight people continue to participate.

The government says it concluded the program was "bad public policy"
since there was no proof that marijuana was safe or effective in
treating various diseases.

Katz's ruling stems from a lawsuit filed by 170 named plaintiffs who
purportedly hope to decriminalize marijuana use for everyone, sick or
not.