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News (Media Awareness Project) - US NJ: PUB LTE: No Danger of State Medical Marijuana Laws Being Overturned
Title:US NJ: PUB LTE: No Danger of State Medical Marijuana Laws Being Overturned
Published On:2004-12-02
Source:Record, The (Hackensack, NJ)
Fetched On:2008-01-17 08:16:19
NO DANGER OF STATE MEDICAL MARIJUANA LAWS BEING OVERTURNED

Your article on the Supreme Court medical marijuana case, Ashcroft vs.
Raich ("Medicinal marijuana case before high court," Page A-7, Nov.
26), misstated one key point: This case will not decide "whether
states have the right to adopt" medical marijuana laws.

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 narrow, technical distinction, remember that the
federal government makes only 1 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 seriously ill patients.

There is no danger of state medical marijuana laws being overturned,
and states considering similar proposals do not need to worry that the
federal government can somehow invalidate them. It can't.

Bruce Mirken

Washington, D.C., Nov. 26

The writer is director of communications for the Marijuana Policy
Project.
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