Pubdate: Sun, 08 Apr 2001 Source: Athens Daily News (GA) Copyright: 2001 Athens Newspapers Inc. Contact: http://www.onlineathens.com/feedback.shtml Website: http://www.onlineathens.com/ Details: http://www.mapinc.org/media/967 LET THE STATES MAKE DECISION ABOUT USING MARIJUANA MEDICINALLY On March 28, the U.S. Supreme Court heard arguments in a case of whether patients may get marijuana as a ''medical necessity'' even though it is an illegal drug under federal law. A ruling for the Oakland Cannabis Buyers Club would allow special marijuana clubs to resume distributing the drug in California, which passed one of the nation's first medical marijuana laws in 1996. A ruling for the federal government would mean the government could prosecute distributors aggressively in federal court, regardless of whether states have approved medical marijuana use. That would force providers underground or out of business altogether. Voters in Alaska, Colorado, Maine, Nevada, Oregon and Washington also have approved ballot initiatives allowing the use of medical marijuana. In Hawaii, a similar law was passed by the legislature and signed by the governor in June 2000. Not surprisingly, the case has pitted many patient rights and anti-drug advocates against each other. Some people view marijuana as something akin to a miracle drug that can help thousands of people suffering from debilitating pain and nausea. For cancer patients, marijuana can curb the nausea associated with chemotherapy. As an appetite stimulant, it can help AIDS patients from wasting away. For patients in pain, the drug can offer relief without the incapacitation some painkillers cause. Others view marijuana as a part of America's scourge of narcotics, leading to violence, addiction, crime and poverty. Many consider arguments for the medicinal use of marijuana as an attempt to begin legalizing the drug. If marijuana is legal for any one segment of the population, many believe the war on drugs will suffer irreparable harm. In 1970, a federal law was passed that regulated the distribution of marijuana. That law also found no medical use for marijuana. The Supreme Court ruling, which is expected in June, will determine whether or not states can pass laws allowing marijuana use for medicinal purposes even though it violates federal law. As much as people want to make this case a battle over drugs, we believe it is really an issue of states' rights. The question at hand is whether or not the citizens of a state can decide if there is enough medical evidence to support the health benefits of marijuana for patients suffering from symptoms related to everything from cancer to glaucoma to multiple sclerosis. Except in limited cases, such as those of national security and trade, we believe state laws should supersede federal laws. We realize there is a federal interest in limiting the distribution and sale of illicit drugs. However, there is also a state interest in providing medical treatment options for its citizens. Knowing there is a treatment that could help people who are suffering from the effects of disease and keeping that relief away from them seems to violate any sense of humanity and decency. It would be like withholding a hamburger from a hungry person because it might be fattening. We realize that marijuana has a history of being used as a recreational drug, but that fact should not taint it from being prescribed as a medicinal drug. With the proper regulatory and distribution measures in place, we believe marijuana, like any prescription drug, can be safely provided to patients with a doctor's recommendation. Today, a doctor can prescribe dozens of extremely powerful and highly addictive painkillers. To prevent fraud or abuse, some state and federal agencies track prescriptions of those drugs. If a state's law allows medicinal marijuana use, it could be regulated in a similar fashion. There are many people who worry that allowing medical use of marijuana will increase its use among people who do not have a prescription for the drug. According to a 1999 study by the National Academy of Sciences Institute of Medicine, there is no convincing research to support that theory. ''The existing data are consistent with the idea that this would not be a problem if the medical use of marijuana were as closely regulated as other medications with abuse potential,'' the report stated. Regardless of what the Supreme Court decides, we hope our federal lawmakers will consider changing the law regarding marijuana distribution and allow states to each decide whether the drug can be treated as a prescription medication. - --- MAP posted-by: Jo-D