BUSHWHACKING MEDICAL MARIJUANA

There they go again. And again.

We wrote last month about how federal drug agents and prosecutors continue
to assault the right of seriously ill patients to use marijuana to ease
discomfort. Californians went to the ballot box to give people this legal
right. So have the residents of Alaska, Arizona, Colorado, Oregon,
Washington and other states.

The war on terrorism is supposed to be draining time and resources of
federal law enforcement officials. Yet the Justice Department still can
manage to muster up the legal fire power to try to thwart the electoral
will of voters in state after state.

Surely, there must be more pressing matters than to deny patients suffering
from cancer, AIDS and other serious diseases this doctor- approved medical
treatment.

In February, though, U.S. Drug Enforcement Administration agents seized 600
marijuana plants from an Oakland facility that supplies patients with the
medicine. Agents also raided a nonprofit cannabis buyers cooperative in San
Francisco. The directors of these centers ended up under arrest. One faces
a minimum 10-year prison term. He pleaded innocent in court last month.

Earlier, drug agents raided sites in Los Angeles and Ventura counties.

Not satisfied with going after suppliers, federal law enforcement officers
now are targeting doctors who recommend marijuana for their patients.
California's medical marijuana law requires patients have doctor approval.

The Bush administration was in federal appeals court last week defending
plans to prosecute doctors who write the prescriptions. Administration
attorneys also want to remove these physicians from Medicare and Medicaid
programs.

The court was properly skeptical, according to media accounts of the
proceedings.

"Why in this world does an administration that's committed to federalism
want to go to this length to put doctors in jail for doing things that are
perfectly legal under state law?" asked Judge Alex Kozinski.

Why indeed.

Although marijuana is an illegal drug, it warrants an exemption from the
federal Controlled Substances Act when used to treat sick people. The U.S.
Supreme Court last year sided with the federal government in a case
involving whether an Oakland club could distribute marijuana. But the court
decision was decided on narrow legal grounds and did not invalidate
California's medical marijuana law. It's still on the books.

Instead of continuing to target these popular state laws and trying to gag
doctors, the federal government should cooperate with state authorities to
make certain that seriously ill patients have legal access to this medical
treatment. Compassion and good sense demand it.