A LEGITIMATE USE

Vermonters in small numbers are already smoking medicinal marijuana.
A bill now in the Senate would legalize the practice and subject it
to strict regulation. If the bill were passed, it would help some
patients treat symptoms such as nausea for which there is no suitable
alternative.

The fact that people are already using medicinal marijuana illegally
is, of course, no justification in itself for legalizing the drug.
People do lots of illegal things that should remain illegal.

But the search for treatments for a small number of patients
suffering from AIDS, cancer or other debilitating illnesses need not
be made more difficult. For those people in need, the process could
easily be made legal and safe.

Gov. Howard Dean opposes the bill, and it is possible he would veto
it if passed. He fears the introduction of legal marijuana would
encourage the use of illegal marijuana.

There is already plenty of illegal marijuana out there, and
enforcement of the laws against its use should continue. There is
nothing to be gained by making a drug that is easily misused,
particularly by kids, more readily available.

But it's hard to see how a few plants grown on a doctor's
recommendation in the privacy of a few people's homes will have much
of an effect on the illegal drug trade. In fact, it ought to have the
positive effect of eliminating the need of patients or their loved
ones for dealing with those who peddle illegal drugs. Separating the
legitimate use of the drug from the illegitimate would be helpful for
those who have a legitimate medical need.

The marijuana law would face one problem: It would be contrary to the
federal law that continues to ban medicinal use of the drug. And the
federal law has primacy.

But if medicinal marijuana were legalized within Vermont, police
would no longer have responsibility for cracking down on its use. If
federal authorities wanted to enforce the law, they would have that
prerogative, but in Vermont the limited use of the drug would
probably not make enforcement a high priority.

Passing the bill would help Vermonters who are facing trying
circumstances, and it is not likely to do any harm.