Pubdate: Sat, 27 Nov 2004
Source: Lexington Herald-Leader (KY)
Copyright: 2004 Lexington Herald-Leader
Contact:  http://www.kentucky.com/mld/heraldleader/
Details: http://www.mapinc.org/media/240
Author: Stephen Henderson, Knight Ridder Washington Bureau
Cited: Raich v. Ashcroft http://www.angeljustice.org
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/Angel+Raich (Angel Raich)

MEDICAL MARIJUANA CASE UP NEXT FOR COURT

Issue Is Federal Law Versus State Law

WASHINGTON - The marijuana she smokes every two waking hours makes
life bearable for Angel Raich. It eases the pain from an inoperable
brain tumor, scoliosis and several other permanent disabilities. It's
the only thing her doctors will prescribe, because she has severe
allergies that cause violent reactions to traditional medicine.

In Oakland, Calif., where Raich lives, that's no problem. A 1996 state
law permits patients to grow and smoke marijuana on doctors'
recommendations.

But on Monday, the U.S. Supreme Court will hear arguments in a case
that's likely to settle a conflict between that California law and a
1970 federal ban on illegal drugs.

The Justice Department says federal authority is supreme in this
matter, and the Drug Enforcement Administration already has raided one
California patient's house and destroyed her cannabis plants. If the
court favors the government's view, more raids would follow in the 11
mostly Western states that have legalized medical marijuana.

Anti-drug groups support the federal government, saying approving
medical marijuana could boost support for the recreational use of drugs.

Raich and her supporters say medical marijuana is a matter for the
states to decide, and for doctors to decide for their patients.

"Without cannabis, my life would be a death sentence," Raich, 39, says
on a Web site about her struggle. "Cannabis was responsible for
getting me out of my wheelchair and restoring mobility on the whole
right side of my body. For years I felt as if I were suffering in
hell. I will not go back to hell for anyone or anything."

The case is one of the most watched on the Supreme Court's docket this
term, one that involves the justices in a high-profile social issue
and tests court conservatives' commitment to a line of decisions that
restrain federal intrusion into state matters.

It began in California in 2002, when DEA officers raided the Oroville
home of Diane Monson, who was growing marijuana in her garden to ease
back pain. The raid at Monson's home -- and several others -- was tied
to a crackdown on medical marijuana inspired in part by the war on
terrorism. President Bush has said the illegal drug trade helps
finance terrorists.

Under Chief Justice William H. Rehnquist, the high court generally has
favored state authority over federal influence, establishing a long
line of cases that have reduced Congress' authority to regulate
interstate commerce.

But the Supreme Court took a stab at curbing marijuana use in 2001
when it ruled against clubs that distributed medical marijuana, which
the clubs had deemed a "medical necessity." The ruling forced Raich's
supplier to close but left unsettled whether federal authorities could
block states from permitting marijuana to be used for medical reasons.
- ---
MAP posted-by: Richard Lake