Pubdate: Sat, 05 May 2001 Source: Bangor Daily News (ME) Copyright: 2001 Bangor Daily News Inc. Contact: http://www.bangornews.com/ Details: http://www.mapinc.org/media/40 Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) WAITING FOR RELIEF It has been 2 1/2 years since Maine voters passed a citizen-initiated medical marijuana referendum. The argument in favor was strong -- compassion demands that people suffering from pain and nausea associated with treatments for such diseases as cancer, AIDS and glaucoma be allowed to use a drug that has been found to provide some relief. The argument against also was strong -- the law requires that medicines prescribed and sold must first be found safe and effective in the laboratory, not merely popular in the voting booth. The argument not made is the one that continues to win -- nothing the voters and legislators of this state or any other state can do will matter as long as the federal government refuses to budge from its long-held position that, of all the drugs that have the potential both to help the sick and to be abused, marijuana is one that will remain forbidden. Since California led the way in 1996, eight states have passed medical marijuana laws but the threat of federal retribution against physicians, patients and the states themselves is as strong as ever. Signs of reefer madness were evident in Washington as recently as late March. That's when the Supreme Court heard arguments in the federal case against the Oakland Cannabis Cooperative, one of California's medical marijuana distribution outlets. Although a lower federal court has ruled that states should be able to determine when medical necessity outweighs prohibition, federal law enforcement continues to maintain that no amount of pain and suffering should trump the possibility that somewhere someone might just be getting high. A decision is expected within weeks and it will be interesting to see how the high court rules, given its selective and increasingly unpredictable approach to states' rights issues. At the same time, a congressional panel held a hearing on medical marijuana. How the House Government Reform Committee's criminal justice subcommittee will rule is not so much in doubt -- Rep. Mark Souder, R-Ind., called a leading medical marijuana spokesman an "advocate for an evil position" and ranking member Rep. Bob Barr, R-Ga, called medical marijuana supporters "despicable," without one other member raising a word of protest. Since this subcommittee's recommendation will be crucial in determining whether the ban on possessing marijuana will be eased enough to allow the necessary research to understand the drug's medicinal value and perhaps to eventually develop nonsmoking delivery systems, the outlook is not good. Which leaves Maine lawmakers in the unenviable position of having to implement a law mandated by their constituents in direct opposition to federal law and policy -- and to do so under a new administration that has given indications it embraces the Souder/Barr viewpoint. Members of the Maine Legislature's Health and Human Services and Criminal Justice committees did as well as can be expected in this difficult situation by endorsing a bill, LD 611, to establish a state-sanctioned marijuana growing and distribution system -- to expect the sick and dying to buy marijuana from street dealers is simply cruel. The full House and Senate likewise have a humanitarian obligation to pass this bill and Gov. King, who has stated his opposition to medical marijuana, should sign it. It would be far better, of course, if marijuana could be tested for efficacy and dosage as are other drugs, including opiates, and if physicians could write prescriptions without fear of federal charges. But for now all Maine and the other states can do is to act with compassion and rationality and to hope that the federal government soon does the same. - --- MAP posted-by: Terry Liittschwager