A BAD RULING

THE ISSUE The U.S. Supreme Court ruled that patients under a doctor's care
may not grow and use marijuana in states that have adopted laws allowing
medical use of the controlled substance.

WE SUGGEST The court's ruling tramples the 10th Amendment and does not
appear to fit the interstate commerce clause. The Supreme Court ran
roughshod last week over laws in 11 states that allow those under the care
of a doctor to grow and use marijuana.

The 6-3 ruling held that marijuana falls under the jurisdiction of the
federal Controlled Substances Act, thus superceding any state laws. That,
the court said, places regulation of marijuana -- regardless of its legal
use under state laws -- clearly in the realm of federal interstate commerce
regulation.

The ruling came on a request for an injunction against enforcement of the
Controlled Substances Act by two California women who grow and use marijuana
for pain relief. Their use of the drug is under the supervision of
physicians. California law, approved overwhelmingly by voters in 1996,
allows individuals to grow small amounts of marijuana for their own use if
under the doctors supervision.

There are two problems with the court's decision. First, the marijuana grown
by these women and others where it is legal to do so is not a source of
street-sold pot. There is no illegal motive flowering in their gardens. That
should eliminate any claims to interstate commerce regulation.

Second, the 10th Amendment reserves powers not delegated to Congress to the
states. When the people of 11 states vote for or otherwise approve the
medical use of marijuana, the federal government should butt out.

Medical research has documented marijuana's benefits for some patients,
particularly those suffering from certain types of pain and for treating
nausea. In the California case, both women were using it to ease their
suffering. Their physicians had recommended its use.

The court's decision is drawing criticism from conservatives as well as
liberals. In fact, the court's two most conservative judges -- Clarence
Thomas and Antonin Scalia -- were in disagreement about the ruling.

It's time for Congress to revisit this issue and clear the way for states to
make their own decisions about whether to allow the medical use of
marijuana. Lumping its legitimate use with illegal drug trafficking and
interstate commerce regulations is a gross misinterpretation of the law and
the Constitution.