Pubdate: Fri, 10 Jun 2005
Source: Ft. Worth Star-Telegram (TX)
Copyright: 2005 Star-Telegram, Fort Worth, Texas
Contact:  http://www.star-telegram.com/
Details: http://www.mapinc.org/media/162
Pubdate: Fri, 10 Jun 2005
Source: Ft. Worth Star-Telegram (TX)
Author: Rob Kampia
Note: Rob Kampia is executive director of the Marijuana Policy Project in 
Washington, D.C. www.mpp.org
Cited: Gonzales v. Raich ( www.angeljustice.org/ )
Cited: Drug Enforcement Administration ( www.dea.gov )
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)

READING THE SMOKE SIGNALS

A CLEAR PATH FOR MARIJUANA REFORM

On Monday, the U.S. Supreme Court ruled that the federal government
can continue arresting patients for using medical marijuana in
compliance with state medical marijuana laws. But the court did not
overturn state medical marijuana laws or in any way interfere with
their continued operation.

In its ruling, the Supreme Court indicated that Congress -- not the
justices -- must change federal law to protect AIDS, cancer and other
medical marijuana patients from arrest. Congress will get the chance
soon.

Although some media reports have failed to make this clear, the
validity of the medical marijuana laws of Alaska, California,
Colorado, Hawaii, Maine, Montana, Nevada, Oregon, Vermont and
Washington were never at issue in the Supreme Court case, Gonzales vs.
Raich. These laws protecting patients from arrest and jail under state
law remain in full force and effect.

The court has continued the status quo as it has existed since
California passed the first of 10 state medical marijuana laws in
1996: Patients and caregivers in these states who legitimately possess
or grow medical marijuana are protected under state law but are not
exempt from prosecution under federal anti-drug statutes.

This is unfortunate. No one fighting for life and dignity against an
illness such as cancer, AIDS or multiple sclerosis should have to live
in fear of arrest simply for using a medicine that lessens suffering.

But all is not lost. Federal authorities make only 1 percent of the
more than 700,000 marijuana arrests made annually in the United
States. Ninety-nine out of 100 marijuana arrests are made by state and
local police enforcing state and local laws.

In practical terms, state medical marijuana laws reduce patients' risk
of arrest by 99 percent. That isn't perfect, but it is real and
substantial.

Although other court cases focusing on other legal issues will move
forward, it's safe to assume for now that patients cannot count on the
federal courts for protection. This makes the path clear for officials
at all levels:

First, the Bush administration should realize that although it can
arrest the sick and suffering, it can also choose not to do so.

The administration can listen to the public and the medical community
and end this cruel war on the sick now. In a signed 1997 editorial,
the editor in chief of the New England Journal of Medicine called the
federal ban on the medical use of marijuana "misguided, heavy-handed
and inhumane," and that judgment is as true today as it was then.

Sadly, there is no indication that the administration will change
course, which means Congress must change federal law.

Many Americans don't realize that the federal ban on the medical use
of marijuana was not put in place by the Food and Drug Administration
or any medical or public health agency. The ban was enacted by
Congress, and Congress can change it.

Next week, Congress will have the chance to use its spending authority
to stop the Drug Enforcement Administration from attacking medical
marijuana patients and caregivers in states that allow medical use.

Reps. Maurice Hinchey, D-N.Y., and Dana Rohrabacher, R-Calif., will
offer such an amendment when the appropriations bill to fund the
Justice Department reaches the House floor. By passing the
Hinchey-Rohrabacher amendment, Congress can stop these pointless
attacks on patients.

Finally, state officials must continue to do everything they can to
protect patients under state law. In states with medical marijuana
laws, this means continuing to implement those laws exactly as before.
And in states without such laws, legislators must realize that they
are the best hope for sick and suffering patients. They must act now
to protect patients under state law.

Make no mistake: The Raich decision is disappointing to anyone who has
compassion for the seriously ill, but it doesn't set us back -- it
simply maintains the status quo.

The day will come -- soon -- when Americans will look back at our
current policy of arresting patients for using medical marijuana and
see it as every bit as bizarre and incomprehensible as the laws that
used to call for the burning of witches. 
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MAP posted-by: Richard Lake