ADVOCATES WANT MEDICINAL POT ON THE STATE AGENDA

Advocates of marijuana reform are hoping to follow up their success in
Columbia with a statewide law to protect medicinal users of the drug. But
while local residents overwhelmingly supported medical marijuana at the
ballot box, taking the law statewide will be difficult.

"It will be an uphill fight, but it's possible," said Dan Viets, a board
member of the National Organization for the Reform of Marijuana Laws. "We
clearly had a lot of support for Proposition 1 from Republican voters, and
there are many Republicans - I'm sure - in the legislature who recognize
the importance of marijuana as a medicine."

Nearly 70 percent of local voters approved a ballot measure Nov. 2 that
protects users of marijuana from city prosecution if they have written
permission from a doctor. However, they still can be prosecuted by the state.

Eleven other states already have passed laws that allow marijuana use for
medicinal purposes. The U.S. Supreme Court recently heard a case that will
determine whether patients in those states can face federal prosecution for
using marijuana.

If the Supreme Court rules against the states, Viets said, the Missouri
medical marijuana movement likely will join an effort to pass a nationwide
bill in Congress. For now, though, Viets said lawmakers in both houses of
the Missouri General Assembly are considering a bill for a statewide
medical marijuana law.

Sen. Rita Days, D-St. Louis, said she might file a bill, following the work
of her colleague, the late Sen. Ronnie DePasco of Kansas City. DePasco
began advocating medicinal marijuana after seeing the pain of other cancer
patients during his own ordeal with lung cancer.

"I have not decided whether I will present a bill, but I do think it's
worth looking into," Days said.

While some Republican voters in Columbia may support legalizing the
medicinal use of marijuana, the party as a whole will not support such
legislation, said Paul Sloca, communications director for the Missouri
Republican Party.

"Marijuana is still an illegal drug, so we would be opposed as a party to
such a measure," Sloca said. Even if advocates can overcome opposition to
medical marijuana, the authority of a statewide law would depend on how the
Supreme Court rules. Krissy Oechslin, assistant director of communications
for the nationwide Marijuana Policy Project, said a decision for the
federal government would not completely undermine state efforts. If the
Supreme Court sides with the federal government, the decision simply will
maintain the status quo, Oechslin said.

However, Viets said that if the court decides against the states, he fears
the federal government will increase prosecutions of those who grow and
distribute marijuana for medical users, further undermining the state laws.

"For the time being, the federal government has been somewhat restrained,"
Viets said. "I think they recognize it's not clear whether they have that
authority or not. I think if the Supreme Court gives them a green light,
then we can expect probably greater persecution and prosecution."