MEDICAL MARIJUANA: IS IT A KINDNESS OR A CRIME?

Justices Examine the Legal Foundations of State Laws, but the Myriad Issues
Behind Those Laws Won't Go Away

"I THINK REGARDLESS OF WHAT THE SUPREME COURT DOES OR DOESN'T DO, MARIJUANA
WILL ALWAYS BE USED FOR MEDICAL PURPOSES. SOCIETY WILL JUST HAVE TO COME TO
TERMS WITH THAT," DAVID SAPP, A RETIRED COLUMBIA LAWYER WHO HAS HAD MULTIPLE SCLEROSIS FOR 20 YEARS

WASHINGTON - The Supreme Court on Monday debated whether allowing medical
marijuana is a necessary kindness in a compassionate society or a dangerous
move that undermines the fight against narcotics.

The immediate subject was whether the federal government's strict anti-drug
laws should override a California statute that allows those suffering
chronic pain or other symptoms to use marijuana under a doctor's supervision.

The case involves two California women who say they use marijuana for
medical reasons because other types of conventional medication have not
alleviated their chronic pain. In court papers, Angel Raich and Diane
Monson described in heart-wrenching detail living with chronic pain, saying
marijuana was their only hope for normal lives.

California voters in 1996 approved the use of marijuana for medical
purposes, and 10 other states have similar laws. The federal government
says marijuana use is illegal under federal law, even when used for medical
reasons with a doctor's permission.

Raich and Monson sued to block the federal drug laws from being used
against them. They argued that Congress lacks power under the U.S.
Constitution to pass such laws in the guise of regulating interstate commerce.

The Constitution gives Congress limited powers - including the power to
raise taxes, declare war and regulate interstate commerce - and leaves the
rest to the states. For decades, the Supreme Court took the position that
virtually every law affected commerce and nothing was outside Congress' domain.

But that thinking has changed in recent years.

The marijuana case gives the court an opportunity to draw clearer lines
between what relates to interstate commerce and what should be left to the
states.

But Monday's argument took place without Chief Justice William Rehnquist,
who has thyroid cancer. Justice John Paul Stevens, the court's senior
associate justice, announced in court that Rehnquist would miss arguments
this week and next, but would participate in the decisions based on the
legal briefs and transcripts.

The chief justice has not said when he will return to the bench.

During Monday's session, several justices appeared skeptical of arguments
that the federal government lacked the authority to enforce the nation's
drug laws against users of medical marijuana.

The case arose when federal agents seized six marijuana plants from the
back yard of Monson, who is 47 and suffering from spine disease. She, Raich
and two of Raich's caregivers sued to block the federal government from
enforcing the federal drug laws against them. Raich, 39, has several
medical conditions, including a brain tumor and chronic joint pain.

A California-based federal appeals court agreed that Congress lacked the
authority to subject the women to federal drug laws, because their activity
did not involve interstate commerce.

But Justices Antonin Scalia and Anthony Kennedy, who have supported the
court's previous efforts to limit federal power, suggested through their
questions that Congress could regulate such drug use, just as it could pass
laws banning other types of drug possession.

"Why is this not an economic activity?" Scalia asked lawyer Randy Barnett,
who represents the patients and caregivers.

By a majority of 69 percent, Columbia voters this month approved a ballot
measure that allows patients who have their doctor's permission to possess
small amounts of marijuana.

"We got a lot more votes (in Columbia) than Claire McCaskill and John
Kerry, so it's not just Democrats who supported this," said Dan Viets, a
Columbia lawyer and member of the local organization that campaigned for
the measure.

Viets, who also is on the board of the National Organization for the Reform
of Marijuana Laws, said efforts are under way to introduce a medical
marijuana bill in the upcoming session of the Missouri legislature.

"We certainly do hope Missouri and Kansas will adopt legislation to help
their citizens. That's what it comes down to," he said.

[sidebars]

Uses Of Medical Marijuana

Clinical findings show marijuana can be helpful with:

- - Pain relief:

Active ingredient, THC, is as effective as codeine

- - Cancer patients: Can reduce nausea symptoms of chemotherapy, but not as
effective as new anti-nausea drugs

- - AIDS patients: Helps control nausea, appetite loss, pain, anxiety over
rapid weight loss

- - Multiple sclerosis: May help with intense muscle spasms

- - Glaucoma: Reduces eyeball pressure that increases risk, but effect is
temporary and requires high doses

Where is it legal?

Alaska, Arizona, California, Colorado, Hawaii, Maine, Montana, Nevada,
Oregon, Vermont, Washington