Pubdate: Thu, 09 Jun 2005
Source: Seattle Post-Intelligencer (WA)
Copyright: 2005 Seattle Post-Intelligencer
Contact:  http://seattlepi.nwsource.com/
Details: http://www.mapinc.org/media/408
Author: Daniel Abrahamson, Guest Columnist
Note: Daniel Abrahamson is the director of legal affairs for the Drug 
Policy Alliance
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Cited: Drug Enforcement Administration ( www.dea.gov )
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

MARIJUANA DECISION PERPETUATES STANDOFF

Legally speaking, the U.S. Supreme Court's decision on Monday was 
unsurprising and broke no new ground. The court, in Gonzales v. 
Raich, did what most observers predicted: It reaffirmed that federal 
law enforcement officials have the power to enforce federal laws 
banning marijuana possession and cultivation against seriously ill 
patients who use physician-approved marijuana for medical purposes.

In so ruling, the court maintained the legal status quo that has been 
in place for several decades.

Practically, the decision promises to perpetuate the political 
standoff, brewing since the mid-'90s, between state and federal 
governments regarding medical marijuana. Despite the Raich ruling, 
states remain free to enact and enforce laws permitting sick people 
to use medical marijuana. Meanwhile, the federal government still has 
a choice -- it can waste taxpayer dollars by going after sick and 
dying patients or it can pursue individuals who pose a real danger to society.

To date, 11 states (including Washington) in the past eight years 
have enacted statutes permitting seriously ill patients to use 
physician-approved medical marijuana to relieve their suffering. It 
is conservatively estimated that at least 100,000 such patients are 
benefiting from the laws.

The Raich case involved a valiant legal gambit by two California 
women patients, Angel Raich and Diane Monson, to prevent federal law 
enforcement officials from seizing their herbal medicine and 
arresting them for violating federal drug laws. Monson has a 
degenerative spinal disorder and Raich suffers from multiple 
debilitating conditions, including an inoperable brain tumor. She had 
tried 30 other medicines, and marijuana has proved to be her only 
effective analgesic. Nevertheless, the court refused to rein in the 
power of federal police to interfere with her state-sanctioned medicine.

Mounting scientific evidence about marijuana's medical efficacy, and 
Congress' refusal to change federal law on this issue, are almost 
certain to energize more states to pass laws that confer state 
protections on people who need medical marijuana.

Indeed, even the high court acknowledged in its Raich decision that 
the evidence on behalf of medical marijuana should "cast serious 
doubt" on Congress' decision to keep it illegal under federal law.

If history is any guide, it appears that federal officials lack 
either the will or the resources to arrest or prosecute more than a 
handful of the tens of thousands of people using medical marijuana 
around the country, perhaps because federal juries are reluctant to 
convict sick people for using a medicine that relieves their pain.

The average medical marijuana patient who complies with state law 
likely will have little to fear from the federal police. Of course, 
even a single federal prosecution of a sick person for using a 
physician-recommended medication is too many, and occurs against the 
will of the majority: At least 70 percent of U.S. adults support 
patients' access to medical marijuana.

In his majority decision, Justice John Paul Stevens wrote that the 
issue of medical marijuana should be heard in Congress. Meanwhile, 
the House will soon have a chance to protect vulnerable patients by 
voting yes on a bipartisan amendment by Reps. Maurice Hinchey, 
D-N.Y., and Dana Rohrabacher, R-Calif., which would prohibit the 
Justice Department and Drug Enforcement Administration from spending 
any money on undermining state medical marijuana laws.

Last year, almost 150 representatives signed on to the Hinchey/ 
Rohrabacher amendment, and this year it is poised to pick up more 
support. It is a win-win for elected officials: By voting for the 
amendment, they are not only doing what's popular with their 
constituents, they are doing what's right.