THERAPEUTIC PURPOSES

Early in the U.S. Supreme Court's opinion upholding federal authority
to prosecute medicinal use of marijuana, Justice John Paul Stevens
alluded to the emotional overtones of the dispute.

"The case is made difficult by respondents' [Californians 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," Stevens wrote.

But as Stevens pointed out, the case was not about sympathy or about
whether it's fair for federal agents to go after severely ill people
even in states that allow medical marijuana.

The issue was whether Congress' constitutional authority to regulate
interstate commerce allows it to criminalize personal use of medicinal
marijuana as part of a broader national scheme to regulate the sale
and transfer of illicit drugs.

A 6-3 majority found that, under well-settled law, Congress has that
power.

"One need not have a degree in economics to understand why a
nationwide exemption for the vast quantity of marijuana (or other
drugs) locally cultivated for personal use (which presumably would
include use by friends, neighbors, and family members) may have a
substantial impact on the interstate market for this extraordinarily
popular substance," Stevens wrote.

But that's not the end of the debate. Now it's up to Congress to
address this problem.

At least 10 states -- California, Alaska, Colorado, Hawaii, Maine,
Nevada, Oregon, Vermont, Washington and Montana -- permit the use of
marijuana as recommended by a physician for medical purposes.

There is evidence that in some patients it counters nausea, vomiting,
pain and appetite loss caused by cancer, AIDS and other conditions,
and it has helped people with glaucoma and multiple sclerosis.

Congress could specifically allow medically supervised marijuana
treatment in states that have chosen to legalize such use. Congress
also could reclassify marijuana, making it medically available but
highly regulated, as are other potent but beneficial substances.

The House could vote this week on an appropriations bill amendment by
Reps. Maurice Hinchey, D-New York, and Dana Rohrabacher, R-Calif.,
that would block the Justice Department from spending federal funds to
prosecute medical marijuana use in states where it is legal.

This is not a call to legalize recreational marijuana, and it still
has no place in children's hands.

But Congress knows how to regulate a range of dangerous drugs that
nevertheless help ease patient suffering. It can and should add
marijuana to that restricted list.