Pubdate: Wed, 08 Jun 2005
Source: Hartford Courant (CT)
Copyright: 2005 The Hartford Courant
Contact:  http://www.courant.com/
Details: http://www.mapinc.org/media/183
Bookmark: http://www.mapinc.org/topics/Raich (Raich v. Gonzales)

A MEDICAL SETBACK

Treating medical marijuana as an illegal substance akin to cocaine or
heroin unjustly punishes seriously ill patients seeking pain relief.

The Supreme Court's decision to uphold federal prosecution of those
who smoke marijuana for medical conditions stretches the
Constitution's commerce clause beyond recognition. The case involved a
1996 California law that allows doctors to prescribe marijuana for
those suffering from painful illnesses.

Nine other states have since passed similar laws, and other states,
including Connecticut, may join them. These state laws have nothing to
do with interstate commerce.

As a practical matter, the high court's skewed interpretation will
have little effect because federal agents rarely arrest individual
marijuana users. Prosecution generally is left to local authorities,
who are barred from arresting patients in states with medical
marijuana laws.

Even so, treating suffering patients like common criminals is an
inhumane policy that only adds to their misery.

Congress should finally summon the courage and good judgment to adopt
one national standard legalizing the use of marijuana when it is
prescribed by a physician.

Meanwhile, three other steps have merit and should be
taken:

Congress should immediately approve a pending bill that would bar the
Justice Department from prosecuting patients who use medical
marijuana. The House is scheduled to vote on the bill next week. This
simple step would reassure patients that federal agents will not raid
their homes to confiscate the drug or arrest them.

President Bush could immediately order federal health officials to
authorize doctors in all 50 states to prescribe medical marijuana as
an exception to current federal drug policy.

States can continue to adopt compassionate laws similar to the one in
California.

Connecticut senators recently approved such a bill, 19-15. It would
allow physicians to prescribe marijuana for adults suffering from
illnesses including cancer, glaucoma, HIV, AIDS, Parkinson's disease,
multiple sclerosis and spinal cord damage. That measure should be
adopted by the House.

Needless suffering will result if Congress, the White House, the
courts and legislatures continue to stumble along for years with a
hodgepodge of policies that leave desperate patients confused and
vulnerable to prosecution.

As Angel McClary Raich, one of the California plaintiffs before the
high court said, "We're just sick. We're not criminals."
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MAP posted-by: Richard Lake