A HIGHER TOLERANCE

Reps. Mark Pocan, D-Madison, and Frank Boyle, D-Superior, recently
introduced legislation that would legalize medicinal marijuana in
Wisconsin. We urge the state to lift its ban and pass the bill.

Messrs. Boyle and Pocan introduced similar legislation in 2001. It
failed then and two more times in 2003 and 2005 despite the addition
of a Republican sponsor -- former Oshkosh Rep. Gregg Underheim.

The influence of the "war on drugs" has convinced our elected
officials that pain treatment for AIDS, cancer and glaucoma victims
comes secondary to the threat of drug dealers abusing the system. They
live in an alternate reality where dealers aren't easily accessible
and those who seek marijuana's medicinal benefits are not tempted to
help fuel a vast underground economy. Seriously ill patients deserve a
legal avenue to acquire their preferred painkiller.

However, legalization of prescription marijuana in Wisconsin is more
complex than simply passing a bill. The U.S. Supreme Court ruled in
2005 that the federal government has the authority to prosecute
possessors of marijuana, regardless of state law. Indeed, the Drug
Enforcement Administration has raided numerous medical marijuana
clinics in the 12 states where it is currently legal. The agency also
believes a significant portion of medicinal marijuana goes to patients
who are not chronically ill. And in 2006, the U.S. House voted 259-163
to reject legislation that would have barred the DEA from making raids
against state-approved marijuana clinics.

Despite this, states that believe the federal government is wrong
should provide this option to citizens who decide relief from their
pain is worth the risk of federal prosecution. Anyone who is
prescribed marijuana should be made aware of this stark reality. In
addition, pressure from a growing number of states that accept medical
marijuana will put pressure on the misguided federal policy.

Those who support a ban on medicinal marijuana often cite fears that
this movement is a sort of ruse by the pro-drug lobby, while others
insist marijuana is simply too dangerous. A 1999 Institute of Medicine
report linked marijuana use to respiratory disease. Still, the report
recommended its legalization for medicinal purposes. Indeed, concern
over long-term health effects for seriously ill patients seems
misguided and overly paternalistic.

Rather than worrying about exploitation of this legislation by drug
dealers, state representatives should focus on crafting a
comprehensive policy that makes it nearly impossible for dealers to
pose as caregivers for the chronically ill.

It should be up to the states, and ultimately a patient and his or her
doctor, to decide whether marijuana is a viable medical treatment. The
state Legislature should attempt to wrench the decision from the hands
of Washington politicians whose fear of a slippery slope toward the
legalization of all drugs clouds their compassion for the seriously
ill. While contradicting federal law is usually misguided policy, this
is a matter of conscience above all else. State and national
legislators who oppose medicinal marijuana should ask themselves, "If
this can help alleviate a dying man's pain, who am I to tell him 'no?'"