CLEARING THE AIR ON MARIJUANA

Although "Feds overreach on medical marijuana" [Editorial, Dec. 2] on
the Supreme Court case about medical marijuana made some excellent
points, it unfortunately misstated the issue before the court.

This case will not decide if the federal government can "overrule
voters in states who approved the use of medical marijuana." The
federal government has never challenged the right of states to pass
such laws, and their validity is not at issue now. The only question
before the court is whether these laws also give patients protection
from enforcement of federal marijuana laws.

If this sounds like a technical distinction, it is important to note
that the federal government makes only one percent of all marijuana
arrests. Ninety-nine percent are made by state and local police acting
under state law. While 99 percent protection from arrest isn't
perfect, it's a huge step forward for ill patients.

Regardless of how the Supreme Court rules, the State Legislature will
still have the power to provide seriously ill patients with legal
access to marijuana. There is no danger of such a law being
overturned, and the state would be within its rights to do so.

Vincent N. Marrone

Editor's note: The writer is director of New Yorkers for Compassionate
Care.

Manhattan