COURT CORRECT TO SUPPORT MEDICAL MARIJUANA USE

Although it may be short-lived, the federal court ruling this week on
medical marijuana offered a ray of encouragement to those who advocate for
its clinical use and a signal to the U.S. Justice Department to rethink its
heavy-handed policy of punishing those who use or cultivate pot only to
alleviate human suffering and pain.

The Ninth Circuit U.S. Court of Appeals in San Francisco dealt at least a
temporary setback Tuesday to the government's effort to derail the state's
medical marijuana law, ruling 2-1 in favor of two women who, with doctors'
advice, use locally grown pot to ease many physical discomforts, including
pain from a brain tumor.

The court questioned the constitutionality of applying the federal ban on
marijuana to people who, in compliance with state law, get and use the drug
for free within state boundaries. If the drug is neither sold nor
transported between states, the court said, neither Congress nor the White
House can dictate its use.

It is hoped that the narrow victory will hold up if appealed to the U.S.
Supreme Court, which has rendered past decisions favorable to both medical
marijuana camps.

Nonetheless, it's encouraging that the recent ruling is the second in two
months against the federal effort to uproot California's medical marijuana
law. In October, the Supreme Court sided with advocates by rejecting a Bush
administration request to outlaw doctor-patient discussions on the possible
medical benefits of pot.

Together the rulings hint at a judicial trend that ought to give the
Justice Department pause. At a minimum, they suggest that the states have
the right to police themselves and craft humane systems to care for their
citizens without fear of federal retribution.