Pubdate: Tue, 30 Nov 2004
Source: Honolulu Star-Bulletin (HI)
Copyright: 2004 Honolulu Star-Bulletin
Contact: http://www.starbulletin.com/
Details: http://www.mapinc.org/media/196
Author: Bruce Mirken
Referenced: http://www.mapinc.org/drugnews/v04/n000/a283.html
CASE DOESN'T ENDANGER STATE MED-POT LAWS
Your story on the Supreme Court medical marijuana case, Ashcroft v. Raich
("High Court to decide fate of Hawaii's medical-pot laws," Nov. 26),
misstated one key point: This case will not decide "whether states have the
right to adopt" medical marijuana laws. The federal government has never
challenged the right of states to pass such laws, and their validity is not
at issue now. The only question before the court is whether these laws also
give patients protection from enforcement of federal marijuana laws.
If this sounds like a narrow, technical distinction, remember that the
federal government makes only 1 percent of all marijuana arrests.
Ninety-nine percent are made by state and local police acting under state law.
While 99 percent protection from arrest isn't perfect, it's a huge step
forward for seriously ill patients. There is no danger of state medical
marijuana laws being overturned, and states considering similar proposals
do not need to worry that the federal government can somehow invalidate
them. It can't.
Bruce Mirken
Director of Communications
Marijuana Policy Project
Washington, D.C.
- ---
MAP posted-by: Richard Lake