Pubdate: Thu, 30 Nov 2000
Source: Michigan Daily (MI)
Copyright: 2000 The Michigan Daily
Contact:  420 Maynard Street, Ann Arbor, Michigan 48109-1327
Website: http://www.michigandaily.com/

STOKING THE HIGH COURT

Medical Marijuana's Supreme Court Battle

Last June, California resident Peter McWilliams choked to death on his own 
vomit because he was denied the right to use medical marijuana, the only 
substance that would allow him to stomach a potent combination of AIDS and 
cancer drugs.

Though California legalized marijuana for medicinal purposes in 1996 with 
Proposition 215, McWilliams was denied the right to mention the proposition 
in his federal trial for marijuana possession, despite his constant nausea, 
weight loss and the spreading of his cancer.

But hope may be in store for millions of patients who face the same 
circumstances as McWilliams. A case to be presented to the U.S. Supreme 
Court early next year has the potential to stop the injustices of federal 
attacks on medical marijuana users.

It is good that the Supreme Court has agreed to hear this case because 
states should have the right to decriminalize medical marijuana without 
federal intervention.

The case in question has been snaking through district courts since 1998, 
when the Justice Department, under the urging of the Clinton 
administration, won an injunction to prevent the distribution of medical 
marijuana by California's cannabis growers clubs.

Because Proposition 215 violated federal law under the Controlled 
Substances Act, states' rights to allow ill patients access to marijuana 
were denied. A U.S. Appeals Court then overturned the decision because 
medical necessity can be used as a defense against charges under federal 
law, though that appeal has since been stayed by the Supreme Court until 
the probable ruling next June, so California's Prop 215 is still rendered 
impotent.

The case itself hinges on the issue of medical necessity.

Medical marijuana advocates must be able to prove that no other substance 
works to alleviate symptoms of certain diseases like glaucoma, asthma, 
AIDS, cancer and even the common headache.

This is not an easy task, since independent medical marijuana research has 
been banned in the United States for more than three decades.

Therefore, no one at the federal level has the hard scientific proof that 
marijuana can be used medicinally. According to federal drug scheduling 
laws, medical marijuana has no medical uses. But accumulating evidence 
suggests otherwise.

The U.S. Supreme Court case has the potential to free medical marijuana 
users and legal suppliers from prosecution under federal law. Until then, 
medical marijuana will remain an unfairly prosecuted and underground 
black-market trade.

The Supreme Court has every responsibility to pay attention to the 
democratic process that has legalized marijuana in California and eight 
other states during the last five years, despite unjust claims by federal 
officials that claims of marijuana's medicinal use is unfounded or simply a 
stalking horse for legalizing pot for recreation and personal use.

The Supreme Court also has the right to deny states and municipalities the 
right to create laws legalizing medical marijuana.

This is especially important at a local level as activists attempt to 
legalize medical marijuana within the city of Ann Arbor and the state 
through ballot initiatives. The Supreme Court is right in hearing this case 
and must not deny the the sick their fundamental right to this valuable 
medicine.

Medical marijuana laws must be free from federal oversight.
- ---
MAP posted-by: Larry Stevens