PATIENTS PROTECTED

Now that the Oakland Cannabis Buyer's Cooperative has resumed its fight for
the right to distribute medical marijuana to patients using it legally
under California law, it is important to keep in mind what last May's
Supreme Court ruling did and did not do.

The Court's decision in United States vs. Oakland Cannabis Buyers'
Cooperative et al did not prevent states from taking action to protect
patients who use marijuana for medical purposes. All eight medical
marijuana statutes enacted since 1996 remain in full force and effect.

The court merely said that distributors of medical marijuana couldn't use a
"medical necessity" defense under federal law.

While this, combined with federal raids on the clubs, creates great
hardship and inconvenience for patients, medical marijuana users who are in
compliance with their state's laws are still protected from arrest by those
laws. This is critical, as 99 percent of marijuana arrests are made by
state and local authorities.

In other words, effective state laws prevent 99 out of 100 arrests of
medical marijuana patients. While arrests by federal agents are
theoretically possible, the Justice Department thus far has not gone after
individual medical marijuana users -- perhaps realizing they have little
chance of convicting patients who are simply trying to ease their suffering.

As the legal battles over the federal government's absurd war on medical
marijuana continue, state governments need not fear the Supreme Court. They
can and should continue to act to protect patients.

Bruce Mirkin, Washington D.C.