Pubdate: Tue, 07 Jun 2005
Source: Calgary Herald (CN AB)
Copyright: 2005 Calgary Herald
Contact:  http://www.canada.com/calgary/calgaryherald/
Details: http://www.mapinc.org/media/66
Author: Sheldon Alberts, CanWest News Service
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)

MEDICINAL POT RULED ILLEGAL IN U.S.

White House Hails Top Court Decision

Americans who smoke marijuana for medical purposes -- even with a
prescription from their doctor -- will risk federal prosecution
following a ruling Monday 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 U.S., 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 federal laws prohibiting
any form of marijuana use supercede legislation in states that permit
prescription of the drug 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 came after two California women -- Diane Monson and
Angel Raich -- filed a lawsuit after federal agents raided their homes
and seized homegrown marijuana they were prescribed to treat a variety
of illnesses.

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

"I'm going to have to prepare to be arrested," Monson said following
the 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," 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. 
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MAP posted-by: Richard Lake