COURT LOOKS AT MEDICAL POT USE

Federalism Lies at Heart of Case

The U.S. Supreme Court heard arguments Monday in a case that will
determine whether the federal government can intervene in intrastate
possession and cultivation of marijuana for medication or for general
distribution.

Ashcroft v. Raich is the second case the court has heard in three
years regarding the legalization of medical marijuana. In the first
case, the court decided against the distribution of marijuana but left
the issue of individual medical use unresolved.

In 1996, California passed Proposition 215, which allows doctors to
recommend marijuana to seriously ill patients.

Angel McClary Raich, a resident of the state, suffers from tumors in
her brain and uterus, chronic pain, seizure disorders, scoliosis and
endometriosis, among other conditions. Another California resident,
Diane Monson, who has joined Raich in the case, uses marijuana to cope
with chronic back pain and spasms.

Dr. Frank Lucido has served as Raich's doctor for four years and said
Raich used marijuana before he recommended it to her. He added that
she tried 35 other medicines before trying marijuana.

"She is a lot more stable now," he said. "She is able to maintain her
weight. ... She is able to control her pain."

But the petitioners in the case contend that the Controlled Substances
Act of 1970 and the necessary and proper clause of the U.S.
Constitution empower the federal government to ban the drug. In 2002,
the Drug Enforcement Agency seized crops from Monson's garden.

"What we have here is two women and their caregivers growing marijuana
in their own state ... not selling it to anyone," said Bruce Mirken,
director of communications for the Marijuana Policy Project, which has
filed an amicus brief for Raich.

Federal law classifies marijuana as a schedule I drug, meaning that it
is considered among the most dangerous of drugs and does not have any
medical benefits.

Under this category, the federal government can criminalize marijuana,
regardless of why and where people use it.

But Lucido said marijuana is both safe and effective as a medicine.
"There has never been a death reported (because of) marijuana."

He also said that while patients might not be protected from the
federal government, doctors are. "We can still make the recommendation
based on a doctor-to-patient relationship and freedom of speech."

He added that while he would not deem marijuana as a last resort, he
prefers seeing that his patients have tried other medicines before
using marijuana.

But the government maintains that federal regulation limits the demand
and marketing for marijuana.

Still, others say the criminalization of marijuana has not curtailed
its use among adolescents.

"The notion ... is frankly so bizarre, it is barely worth
considering," Mirken said.

Since the enactment of Proposition 215, 11 other states have granted
permission to doctors to recommend marijuana to patients: Alaska,
Arizona, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon,
Vermont and Washington.

In North Carolina, legislation legalizing medical marijuana is not
likely to be a priority.

"In order for such a piece of legislation to get passed in any state
. there would need to be a broad consensus in the medical community
that we would need (medical marijuana)," said Rep. Jennifer Weiss,
D-Wake.

She has yet to see legislation proposed to allow medical marijuana in
North Carolina.

"I would certainly be receptive to hear about why it would be
necessary," she said, adding that she would hear both sides of the
issue.

"I think there are some folks who would say, 'Absolutely not, period,'
because it's a drug."