BILL ALLOWS MEDICAL MARIJUANA DEFENSE IN DRUG CASES

WASHINGTON (Reuters Health) - U.S. lawmakers have launched an effort
that would allow defendants from states with legalized medical
marijuana to use "medical necessity" as a defense against federal drug
charges.

A bill introduced in the U.S. House Thursday and backed by pro-medical
marijuana groups would apply to California and seven other states
where medical marijuana is legal. The measure gives defendants accused
of growing or distributing marijuana in violation of federal drug laws
the right to inform juries that they were acting legally in their state.

Supporters touted the proposal as a way to protect the democratic
process in states where voters or legislators approve measures backing
medical marijuana.

"This is about due process. It's not about pot," said Rep. Sam Farr,
D-Calif., who co-authored the measure with Rep. Dana Rohrbacher, R-Calif.

The bill was motivated by the conviction of Ed Rosenthal, an
Oakland-based marijuana activist who was found guilty in January of
violating federal drug laws.

Rosenthal was licensed by Oakland to grow and distribute cannabis
under a California medical marijuana statute, but the judge in his
case prevented Rosenthal's attorney from informing the jury that the
action was legal in that state.

Marney Craig, who was a juror in Rosenthal's case, said that she
regretted voting to convict him. During the case, jurors were only
informed that Rosenthal grew marijuana and not that he had been
licensed to do so.

"We rendered a verdict that was wrong. We convicted a man who was not
criminal," Craig said.

The U.S. Supreme Court ruled in 2001 that "medical necessity" cannot
be used as a valid defense against federal marijuana charges.
Thursday's proposal would change a key part of the federal Controlled
Substances Act to allow state laws to become a factor in federal drug
cases.

Seven other states - Alaska, Hawaii, Washington, Oregon, Nevada,
Colorado, and Maine - have laws similar to California's. Maryland has
a proposed medical marijuana law pending. Voters in the District of
Columbia also approved a medical marijuana referendum several years
ago, though the Congress has prevented local officials from
implementing the measure.

Federal anti-drug officials remain vehemently opposed to efforts to
spread legalized medical marijuana throughout the states. John
Walters, the director of the White House Office of National Drug
Control Policy (ONDCP), has campaigned heavily against legalization
referenda in several states.

Dr. Andrea Barthwell, ONDCP's deputy director for demand reduction,
said that the bill threatens to undermine federal drug laws that are
in place to protect public health, even if voters in some states have
spoken differently.

"We recognize that federal law trumps state law in this area," she
said in an interview.

The bill's chances of passing in the Republican-controlled House are
likely to hinge on support from GOP members from the handful of states
where medical marijuana is allowed.

Some Republicans have backed the bill on the grounds that it helps
prevent the federal government from intruding on state laws.

But it remained unclear Thursday how many GOP members would support
the bill. Rep. David Dryer, R-Calif., said in an interview that he
backs states' rights "in general," but that he has not yet taken a
position on the bill.

Rep. Mary Bono, another California Republican, said that she has yet
to see the bill's details. "I think that if the state has spoken, then
I'd want to support the state on that," she said.