Pubdate: Fri,  3 Dec 2004
Source: Denver Post (CO)
Copyright: 2004 The Denver Post Corp
Contact:  http://www.denverpost.com/
Details: http://www.mapinc.org/media/122
Author: Stephen Henderson, Knight-Ridder Newspapers, and  Denver Post staff
writer Karen Augé,
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)

JUSTICES SEEM UNLIKELY TO ALLOW MEDICAL MARIJUANA

Washington - The Supreme Court appears unlikely to shield medical
marijuana users from federal drug laws, as justices expressed deep
reservations Monday about sanctioning even limited use of illegal drugs.

Some justices were skeptical that medicinal pot, which is permitted in
11 states, is always a noneconomic enterprise and separate from the
illegal drug trade. Others seemed to dispute the idea that Congress
could not regulate a substance that is considered contraband.

Five justices seemed inclined to rule against the two California
patients who sued to prevent the federal government from confiscating
their drugs, with two others appearing more open to either side. A
ruling is expected by June.

At issue in the case is whether Congress or the states have the final
say over drug policy.

The 1970 Controlled Substances Act banned all uses of marijuana, but
in the past decade, 11 states have adopted laws to permit using
marijuana with a doctor's recommendation.

The case puts the court's conservatives in an odd position. They are
the strongest advocates for a line of cases that has restrained
federal authority in favor of state autonomy, yet their social
conservatism could make it tough for them to side with pot smokers.

In 2000, Colorado voted to join the states that allow possession of
small amounts of marijuana to lessen symptoms of specific medical
conditions.

Since the law's implementation, 639 Coloradans have applied for the
identification card that entitles them to have up to six plants or 2
ounces of marijuana, said Ron Hyman, director of the state registry of
vital statistics. Currently, 500 Colorado residents carry the card.

Though Colorado's law is not being directly challenged, officials say
the high court's decision could ultimately affect medical marijuana
use in Colorado.

Hyman said he knew of only one cardholder who had been convicted for
marijuana possession and that person had "substantially more"
marijuana than the law allows.
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MAP posted-by: Larry Seguin