Pubdate: Thu, 09 Jun 2005
Source: Great Falls Tribune (MT)
Copyright: 2005 Great Falls Tribune
Contact: http://www.greatfallstribune.com/customerservice/contactus.html
Website: http://www.greatfallstribune.com/
Details: http://www.mapinc.org/media/2502
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Action: 
http://actioncenter.drugpolicy.org/action/index.asp?step=2&item=25197&ms=hp
Action: http://hinchey.mpp.org/
Action: http://capwiz.com/norml2/mail/oneclick_compose/?alertid=7309441
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Bookmark: http://www.mapinc.org/topics/Raich (Raich v. Gonzales)

CONGRESS MUST STEP INTO COURT-CREATED BREACH

It's an almost ridiculous notion: federal agents swooping in to arrest
deathly ill patients for using marijuana as a pain reliever.

Still, it's possible.

The U.S. Supreme Court ruled this week that patients in 11 states --
including Montana -- who receive legal prescriptions for marijuana
from their physicians are subject to prosecution for violating federal
drug laws.

If the Supreme Court won't protect states' rights on this issue,
Congress must.

Hooray to Sen. Conrad Burns for saying that he'd side with his
constituency if the vote goes before Congress.

Last fall 62 percent of Montanans voted to allow use of marijuana for
medical purposes. More than 100 people are now on the state registry.

"The voters in Montana and these other states have clearly spoken
their intent, and we should honor that," Burns said in a written statement.

Sen. Max Baucus and Rep. Denny Rehberg haven't yet committed to that
stance. We urge them to do so.

Most Montanans differentiate between the illegal use of marijuana to
get "high" versus using the drug under a doctor's supervision.

The drug's benefits are well documented for those suffering from
cancer, AIDS and other conditions that can result in severe pain,
nausea or seizures.

Some justices acknowledged as much, but ruled nonetheless that federal
law overrides state law in restricting drugs.

Fortunately, not all prosecutors are eager to arrest dying cancer
patients.

Montana Attorney General Mike McGrath says he'd probably support
changing federal law to exempt medical marijuana use from federal
prosecution.

U.S. Attorney Bill Mercer isn't saying he won't prosecute anyone in
Montana, but he made clear it's not a priority for him.

Right now his office focuses more on drug traffickers than drug
users.

"We've got a limited amount of resources, and we simply cannot charge
every single violation of federal narcotics law," he said.

Still, the threat of arrest remains. Congress must remove
it.

If voters in some states don't want to legalize marijuana for medical
use, fine. But federal law needs to accommodate those who do.

Dying patients don't need jail time. They need a law that reflects
common sense and compassion. 
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MAP posted-by: Richard Lake