STATES SHOULD RULE ON MEDICAL MARIJUANA

THE bulldozer that has become the Bush administration when it comes to
states' voter initiatives has rolled over a California man who was
growing marijuana for Oakland's medical-marijuana program.

Voters in California, Washington, Oregon and four other states, as
well as the Hawaii Legislature, have been persuaded that marijuana use
can help people suffering from AIDS, Lou Gehrig's disease and many
other diseases. In 1999, a White House-commissioned study by the
Institute of Medicine concluded marijuana did have medical benefits.

Yet marijuana possession, manufacture and distribution remain against
federal laws, no matter the intended use. Drug Enforcement
Administration Director Asa Hutchinson is using California and Ed
Rosenthal to make the point.

On Jan. 31, a federal jury convicted Rosenthal on federal charges of
marijuana cultivation and conspiracy. The judge refused to permit any
evidence about Rosenthal's purpose, which is perfectly legal under
California's Proposition 215, approved by voters in 1996. Instead,
Rosenthal was depicted as a drug dealer with far from noble purposes.
Dismayed once they learned the whole story, several jurors staged a
press event, expressing outrage and saying they would have voted
differently.

Friday, Rosenthal accepted a plea agreement that could land him in
jail for six months, far from the five-year minimum prison term he
might have faced. Under the unusual agreement, Rosenthal keeps his
right to appeal medical-marijuana prosecutions in federal court.

U.S. Rep. Barney Frank, D-Mass., has proposed a surer remedy with his
States' Rights to Medical Marijuana Act, which would require federal
law enforcement to defer to state laws. So far, the measure has 42
sponsors but has not moved out of committee.

Republican Reps. Ron Paul of Texas and Dana Rohrabacher of California
joined Frank at his July press conference to support the bill. In
Washington, only Rep. Jim McDermott, D-Seattle, has signed on even
though 59 percent of Washington voters approved this state's 1998 initiative.

Regrettably, the cause of medical marijuana suffers from the
association of groups that want to decriminalize all marijuana use.
But none of the state laws do that. In fact, Oregon recently tightened
its law when it was learned one doctor was writing the bulk of the
prescriptions.

The jurors who convicted Rosenthal are right to feel betrayed by the
judge.

The Bush administration's approach is wrong on this issue. And Frank's
legislation should be embraced by all lawmakers who take the time to
do their homework.