SMOKE FROM THE WEST: FIVE STATES NOW DEMAND MEDICINAL MARIJUANA

A congressional confrontation seems unavoidable between the long-standing
federal law that finds no medicinal purpose for marijuana and five Western
states that strongly disagree. Joining California's existing medicinal
marijuana law, voters this month in Arizona voiced (again) their support of
restricted use of medicinal marijuana. So did the voters of Alaska,
Washington, Oregon and Nevada. While the Clinton administration would
prefer to ignore this trend, voter acceptance of medicinal marijuana is
billowing.

As a growing pile of court cases in California has made abundantly clear,
state laws legalizing medicinal marijuana are no match against existing
federal laws that provide no leeway for such use. Communities sympathetic
to medicinal marijuana have tried seemingly every loophole possible, such
as Oakland's attempt at designating operators of a cannabis club with the
same "agent" status as narcotics officers who are allowed to handle
marijuana. None of the fancy legal footwork has succeeded.

That leaves Washington with no good choices. It can continue the awkward
status quo under the rationale that marijuana's alleged medicinal benefits
are unproven. The federal government is beginning to fund more studies.
Until there is more solid data to substantiate claims that marijuana, for
example, helps to relieve pain or enhance appetite, marijuana is not medicine.

The status quo, however, becomes more unacceptable the more the public
prefers a policy of providing access to marijuana to the seriously ill,
particularly the dying, if these patients feel they receive some benefit.
States already regulate the practice of medicine by licensing physicians
and other health care providers. Why shouldn't states be allowed to
regulate the use of medicinal marijuana as well? That is the question
Washington now faces.

Checked-by: Pat Dolan