Pubdate: Tue, 07 Jun 2005
Source: National Post (Canada)
Copyright: 2005 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Sheldon Alberts, CanWest News Service
Cited: Drug Policy Alliance http://www.drugpolicy.org
Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)
Bookmark: http://www.mapinc.org/mmjcn.htm (Cannabis - Medicinal - Canada)

U.S. COURT NIXES USE OF MEDICAL POT

No-Tolerance Ruling

WASHINGTON - Americans who smoke marijuana for medical purposes -
even with a prescription from their doctor - will risk federal
prosecution after yesterday's ruling by the U.S. Supreme Court.

The decision was a major victory for the White House and a setback to
the legalized-marijuana movement in the United States, which had
succeeded in convincing 10 states to allow the drug to be used by
patients suffering from chronic or severe pain.

"Today's decision marks the end of medical marijuana as a political
issue," said John Walters, the White House's director of national drug
control policy.

In a 6-3 decision, the Supreme Court found that federal laws
prohibiting any form of marijuana use supercede legislation in states
that permit the drug to be prescribed for "compassionate" purposes.

"If there is any conflict between federal and state law, federal law
shall prevail," Justice Anthony Stevens wrote in the majority opinion.

The court's ruling dealt with a lawsuit filed by two California women,
Diane Monson and Angel Raich, after federal agents raided their homes
and seized home-grown marijuana they were prescribed to treat illnesses.

Ms. Raich said she suffers an inoperable brain tumour,
life-threatening wasting syndrome and seizures. Ms. Monson suffers
severe back pain.

"I'm going to have to prepare to be arrested," Ms. Monson said
following the court's decision.

The Supreme Court recognized "strong arguments that [Monson and Raich]
will suffer irreparable harm" by the decision but said it was bound by
clarity in the law.

It relied on an obscure 1942 court decision that upheld Congress's
commerce power to ban wheat grown for home consumption.

"Production of the commodity meant for consumption, be it wheat or
marijuana, has a substantial effect on supply and demand for the
national market for that commodity," Judge Stevens wrote.

Any failure by the federal government to regulate bans on the
possession of marijuana "would leave a gaping hole" in the Controlled
Substance Act, he added.

The case underscores the growing gap in marijuana laws between Canada
and the United States.

The Bush administration has taken a no-tolerance attitude toward the
drug and is pressing high schools to begin random testing for the drug
in students.

"For years, pro-drug groups seeking the legalization of marijuana and
other drugs have preyed on the compassion of Americans to promote
their political agenda," Mr. Walters said.

"Smoking illegal drugs may make some people 'feel better', " he said,
but scientists "have not determined that smoking a crude plant is safe
or effective."

The federal government in Canada has allowed the use of marijuana for
medical purposes since 2001. Canadians suffering from terminal
diseases and specific symptoms of illnesses such as AIDS, multiple
sclerosis, cancer, arthritis and epilepsy can use it.

The Liberal government is also moving to decriminalize the possession
and use of small amounts of marijuana.

The U.S. decision is the second consecutive blow to activists seeking
to liberalize American marijuana laws. The Supreme Court ruled in 2001
that federal agents had the right to close California clinics that
provided marijuana to patients.

Pro-medical marijuana groups said the court's decision could have a
chilling effect on states such as Connecticut that are considering
passing laws permitting marijuana use.

But Dan Abrahamson, director of legal affairs for the New York-based
Drug Policy Alliance said "states still have the right to pass
legislation that protects the rights of patients to use this
life-saving medicine."

The federal government can choose not to prosecute cases or "it can
waste taxpayer dollars by going after sick and dying patients," Mr.
Abrahamson said.

It is estimated the Supreme Court's decision could affect as many as
100,000 patients in the 10 states where marijuana is allowed for
medical purposes.

Many of them have been issued state documents identifying them as
eligible to smoke marijuana. The special IDs were created so they
would not be arrested if state or local police discovered marijuana in
their possession. 
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MAP posted-by: Richard Lake