PUT STATE POT LAW TO USE

U.S. Attorney General Eric Holder's release of a memorandum honoring
states' legalization of medical marijuana is not likely to budge the
Lingle administration's opposition. But state legislators should try
to compel the administration to accept a system for patients to gain
access to marijuana without having to do business with illegal drug
dealers.

President Barack Obama promised in last year's campaign to recognize
state medical marijuana laws and Holder said in March that the
administration would not interfere with those laws. A three-page memo
written by Deputy Attorney General David W. Ogden and made public this
week by Holder clarified the policy, which runs counter to that of the
George W. Bush administration.

In a statement accompanying the memo, Holder said the department will
not waste energy prosecuting "patients with serious illnesses or their
caregivers who are complying with state laws on medical marijuana."
But, he added, it would not "tolerate drug traffickers who hide behind
claims of compliance with state law to mask activities that are
clearly illegal."

The problem in Hawaii is that patients have little choice except to
obtain marijuana from those drug traffickers. Gov. Linda Lingle vetoed
a bill this year aimed at creating a task force aimed at finding a way
for patients to obtain it legally. Although lawmakers overrode her
veto, she refused to construct the task force. A private study group
has begun reviewing the issue in its place.

The Lingle administration clings to a U.S. Supreme Court ruling in
2005 that the federal government may prosecute medical users of
marijuana. Despite the Obama administration's decision not to seek
such prosecutions, Lingle insists that use of medical marijuana for
medical purposes is "still illegal under federal law."

The Ogden memo says the U.S. Justice Department will not prosecute
individuals who were in "clear and conspicuous compliance" with laws
in the 14 states where medical marijuana is permitted. Some patients
may conclude that the Lingle administration intends for them to
acquire their medicine from drug dealers, but that would be a mistake.

Instead, Lingle obviously opposes the use of marijuana for medical
purposes, even though it has been effective in reducing pain, nausea
and other ailments and has been legalized by the state Legislature.
Lawmakers must either find a way to force her to follow the intent of
the state's medical marijuana law -- not an unenforced federal law --
or await the next administration after her term expires.

U.S. Attorney General Eric Holder's release of a memorandum honoring
states' legalization of medical marijuana is not likely to budge the
Lingle administration's opposition. But state legislators should try
to compel the administration to accept a system for patients to gain
access to marijuana without having to do business with illegal drug
dealers.

President Barack Obama promised in last year's campaign to recognize
state medical marijuana laws and Holder said in March that the
administration would not interfere with those laws. A three-page memo
written by Deputy Attorney General David W. Ogden and made public this
week by Holder clarified the policy, which runs counter to that of the
George W. Bush administration.

In a statement accompanying the memo, Holder said the department will
not waste energy prosecuting "patients with serious illnesses or their
caregivers who are complying with state laws on medical marijuana."
But, he added, it would not "tolerate drug traffickers who hide behind
claims of compliance with state law to mask activities that are
clearly illegal."

The problem in Hawaii is that patients have little choice except to
obtain marijuana from those drug traffickers. Gov. Linda Lingle vetoed
a bill this year aimed at creating a task force aimed at finding a way
for patients to obtain it legally. Although lawmakers overrode her
veto, she refused to construct the task force. A private study group
has begun reviewing the issue in its place.

The Lingle administration clings to a U.S. Supreme Court ruling in
2005 that the federal government may prosecute medical users of
marijuana. Despite the Obama administration's decision not to seek
such prosecutions, Lingle insists that use of medical marijuana for
medical purposes is "still illegal under federal law."

The Ogden memo says the U.S. Justice Department will not prosecute
individuals who were in "clear and conspicuous compliance" with laws
in the 14 states where medical marijuana is permitted. Some patients
may conclude that the Lingle administration intends for them to
acquire their medicine from drug dealers, but that would be a mistake.

Instead, Lingle obviously opposes the use of marijuana for medical
purposes, even though it has been effective in reducing pain, nausea
and other ailments and has been legalized by the state Legislature.
Lawmakers must either find a way to force her to follow the intent of
the state's medical marijuana law -- not an unenforced federal law --
or await the next administration after her term expires.