CONGRESS MISSED A HUMANE OPENING

The Supreme Court decided recently that Congress had not overstepped
its legitimate powers when it passed the Controlled Substances Act and
prohibited the use of marijuana even for medicinal purposes.

In the majority opinion, however, you could almost hear the justices
pleading with Congress to change the law to something a bit more
rational and less onerous.

Early on, the high court noted that "(t)his case is made difficult by
respondents' (medical marijuana users Angel Raich and Diane Monson)
strong arguments that they will suffer irreparable harm because,
despite a congressional finding to the contrary, marijuana does have
valid therapeutic purposes."

The opinion closes on what sounds like a recommendation: "more
important than these legal avenues is the democratic process, in which
the voices of voters allied with these respondents may one day be
heard in the halls of Congress."

Congress had a chance to answer that plea for common sense.

Reps. Maurice Hinchey, a New York Democrat, and Dana Rohrabacher, a
California Republican, on Tuesday introduced a key amendment to the
Department of Justice appropriations bill. It would have prohibited
the department from using any funds in its budget to prosecute people
who use marijuana medicinally in states that have passed medical
marijuana laws.

Congress defeated the amendment, 264-161, on Wednesday. Sadly, of the
Rio Grande Valley's three Democratic congressmen, only Rep. Lloyd
Doggett voted in favor of the amendment, with both Reps. Solomon Ortiz
and Ruben Hinojosa siding with the opposition.

This was a responsible use of Congress' power of the purse to
influence policy, in this case in a direction approved by the vast
majority of all the constituents, Republican and Democrat alike, who
elected these House members.

Every national poll shows that between 60 percent and 75 percent of
Americans support allowing the medicinal use of marijuana. The most
recent Mason-Dixon poll showed 68 percent of voters believe medical
marijuana patients should not be arrested.

In a press release issued after the vote, Hinchey said, "This year's
vote brought us the most support we've ever had on this amendment. I
fully recognize that progress on Capitol Hill is often incremental and
we'll continue to push for this amendment each year until it passes."

Congress should show its respect for sound science and the considered
wishes of voters and legislators in 11 states by passing the
Hinchey-Rohrabacher amendment at the next opportunity.