Pubdate: Thu, 09 Jun 2005 Source: Metrowest Daily News (MA) Copyright: 2005 MetroWest Daily News Contact: http://www.metrowestdailynews.com/ Details: http://www.mapinc.org/media/619 Bookmark: http://www.mapinc.org/topics/Raich (Gonzales v. Raich ) MARIJUANA AND CONGRESS According to John Walters, director of this nation's Drug Control Policy, there is no scientific proof that marijuana is a safe or effective drug suitable for medical purposes. That just isn't true. As the Supreme Court noted in an opinion this week, many studies clearly show that marijuana -- even in its crude form -- controls severe pain in people with chronic disease, calms nausea and stimulates appetite in cancer patients as they undergo debilitating chemotherapy and radiation therapies, and eases the anxiety in patients told there is nothing the medical profession can do to save their lives. The data, gathered over a period of many years in controlled tests and by talking to and examining countless patients who have been using medicinal marijuana, is conclusive. It is a safe and suitable alternative to other far more addictive drugs -- such as cocaine and morphine -- both of which -- unlike marijuana -- can be legally prescribed in all 50 states. Marijuana is defined by federal law as a drug having a high potential for abuse and with no currently accepted medical use. In 11 states, proponents of medical marijuana have fought successfully to change that definition. Yet a 6 to 3 Supreme Court decision this week says federal law trumps state law; federal law does not permit growing, selling or using marijuana under any circumstances. Patients using physician-prescribed marijuana in the 11 states in which it is legal can be arrested and prosecuted under the federal Controlled Substances Act just as easily as back alley joint-smoking teens. Justice John Paul Stevens says their decision is meant to curtail "unscrupulous physicians" who would oversubscribe the drug for profit -- illogical reasoning when one considers the other legal drugs from which "unscrupulous physicians" can profit. As damning as it seems to suffering patients who depend on marijuana for relief, however, Stevens has some sound advice. The reclassification of marijuana is better sought at the federal level through Congress, and Rep. Barney Frank (D-4th) hopes to be that conduit. For the 10th straight year, he has filed legislation that would allow doctors to prescribe marijuana just as they prescribe other drugs. He says the legislation doesn't have enough support for a hearing, let along passage this year, but there are signs that will change. "We're getting there," he said. In the meantime, the House of Representatives considers an appropriations amendment this week that prohibits the Justice Department from using money to enforce federal drug laws against patients using physician-prescribed marijuana. The Supreme Court's decision, while defensible on constitutional grounds, is a setback for those whose suffering could be relieved by medical marijuana. But the courts aren't the place to win their battle. Polls show up to 75 percent of Americans support legalizing medical marijuana. It's time Congress heard from them. - --- MAP posted-by: Richard Lake