THE FATE OF MEDICAL MARIJUANA

On Monday, the U.S. Supreme Court Will Take Up the Issue of Whether States
Can Permit Its Use.

Traditional drugs have done little to help 39-year-old Angel
Raich.

Beset by a nightmarish list of ailments that includes tumors in her
brain and uterus, seizures, spasms and nausea, she has been able to
find comfort only in the marijuana that is recommended by her doctor.

It eases her pain, allows her to rise out of a wheelchair and promotes
an appetite that prevents her from wasting away.

Her Berkeley physician, Frank Lucido, said marijuana "is the only drug
of almost three dozen we have tried that works."

On Monday, the Supreme Court will hear arguments in a case that will
determine whether Raich and similar patients in California and 10
other states can continue to use marijuana for medical purposes.

At issue is whether states have the right to adopt laws allowing the
use of drugs the federal government has banned or whether federal drug
agents can arrest individuals for abiding by those medical marijuana
laws.

In Wisconsin, state Rep. Greg Underheim, R-Oshkosh, who chairs the
Assembly's Public Health Committee, is again proposing legislation
that would allow seriously ill or terminally ill patients to use
marijuana for medical purposes if supported by their physician.
Underheim, who sponsored a similar bill that died in the last
legislative session, has reworked the measure and said that he planned
to make another attempt in the coming session.

California passed the nation's first so-called medical marijuana law
in 1996, allowing patients to smoke and grow marijuana with a doctor's
recommendation. The Bush administration maintains those laws violate
federal drug rules and asserts that marijuana has no medical value.

"I really hope and pray the justices allow me to live," said Raich as
she crammed a blend of a marijuana variety known as "Haze X" into a
contraption that vaporized it inside large balloons.

She said the outcome of the case will determine whether her "husband
will have a wife," her "children a mother."

The case will address questions left unresolved from the first time
the high court considered the legality of medical marijuana.

In 2001, the justices ruled against clubs that distributed medical
marijuana, saying they cannot do so based on the "medical necessity"
of the patient. The ruling forced Raich's Oakland supplier to close
and other cannabis clubs to operate in the shadows.

The decision did not address whether the government can block states
from adopting their own medical marijuana laws.

Nevertheless, the federal government took the offensive after the
ruling, often over the objections of local officials. It began seizing
individuals' medical marijuana and raiding their suppliers. Nowhere
was that effort more conspicuous than in the San Francisco Bay area,
where the nation's medical marijuana movement was founded.

Raich and Diane Monson, the other plaintiff in the case, sued Attorney
General John Ashcroft because they feared their supplies of medical
marijuana might dry up. After a two-year legal battle, they won
injunctions barring the U.S. Justice Department from prosecuting them
or their suppliers.

"This has been a nightmare," said Monson, a 47-year-old accountant
from Oroville whose backyard crop of six marijuana plants was seized
in 2002. "I've never sued anyone in my life, never mind the attorney
general of the United States of America. For crying out loud, here in
California we've voted to allow medical marijuana."

She regularly uses marijuana on a doctor's recommendation to alleviate
back problems. She says it also helps cope with the recent death of
her husband, who suffered from pancreatic cancer.

Last December, the San Francisco-based 9th U.S. Circuit Court of
Appeals ruled in Raich's and Monson's favor. It said federal laws
criminalizing marijuana do not apply to patients whose doctors have
recommended the drug.

The appeals court said states were free to adopt medical marijuana
laws as long as the marijuana was not sold, transported across state
lines or used for non-medicinal purposes. The other states with such
laws are Alaska, Arizona, Colorado, Hawaii, Maine, Montana, Nevada,
Oregon, Vermont and Washington.

The court ruled that marijuana for medicinal purposes is "different in
kind from drug trafficking" and outside the scope of federal oversight.

The same court last year said doctors were free to recommend marijuana
to their patients. The government appealed, but the Supreme Court
justices declined to hear the case.

In June, however, the justices agreed to hear the Raich-Monson case. A
ruling is expected to decide the states' rights issue the court left
unanswered in 2001.

Acting Solicitor General Paul Clement told the justices in briefs that
the government, backed by the 1970 Controlled Substances Act, has the
power to regulate the "manufacture, distribution and possession of any
controlled substance," even if such activity takes place entirely
within one state.