Pubdate: Sun, 12 Jun 2005
Source: Ogdensburg Journal/Advance News (NY)
Copyright: 2005 Johnson Newspaper Corp.
Contact: http://www.ogd.com/letter.htm
Website: http://www.ogd.com/
Details: http://www.mapinc.org/media/689
Author: Elizabeth Graham, staff writer
Bookmark: http://www.mapinc.org/topics/Raich (Gonzales v. Raich)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

MARIJUANA BACKERS UPSET BY RULING

The recent U.S. Supreme Court ruling barring states from passing their
own laws allowing the use of marijuana for medical purposes was far
from compassionate.

That's according to Northern New York Libertarian Party Spokesman Lee
Monnet, who says he was shocked and dismayed when he learned of the
Supreme Court ruling, which strips states of the right to pass their
own laws allowing the terminally ill and chronic pain sufferers to use
marijuana to help manage their pain and control nausea.

"It wasn't to allow recreational use, it was for people who are
terminally ill to use a substance that alleviates their pain and
suffering", Monnet said. "Basically what it came down to was who has
the power, the federal government or the states, and apparently the
Supreme Court ruled that the federal government has the ultimate power."

The ruling means that federal authorities are allowed to prosecute ill
people who continue to use the drug. The closely watched case was an
appeal by the Bush administration in a case involving two seriously
ill California women who use marijuana. The court said the prosecution
of pot users under the federal Controlled Substances Act was
constitutional.

Justice John Paul Stevens, who wrote the majority, 6-3 decision, said
if medical marijuana use is to be allowed, Congress will have to
change the federal law prohibiting marijuana to allow its use for
medical reasons.

In a dissent, Justice Sandra Day O'Conner said states should be
allowed to set their own rules.

Under the Constitution, The Associated Press reported last week,
Congress may pass laws regulating a state's economic activity so long
as it involves "interstate commerce" that crosses state borders. The
California marijuana in question was homegrown, reportedly distributed
to patients without charge.

"States should be able to make up their own minds," Monnet said. "I
think states should have the right to make their own decisions. It
comes down to states' rights. It's really too bad that it comes at the
expense of ill people."

Monnet explained that cancer patients who undergo radiation treatments
often turn to marijuana to help curb nausea when they eat. Research
has also been done on the possible benefits marijuana poses for
glaucoma patients as well, be said.

"I understand the Institute of Medicine has said it has some medical
value, although there's really not a lot of concrete research out
there," he said. "A lot of it is anecdotal, and a lot of people who
are using it claim it does work wonders for them."

He added that he doesn't understand why terminally ill people are
barred from using marijuana to help ease their pain when more
dangerous, addictive drugs like morphine and OxyContin are regularly
prescribed by doctors.

"And there's nothing more addictive than morphine," he said. "For
these people, when you're dying, partying with marijuana is the least
of their desires."

As for congress acting to change the federal law to allow medical
marijuana, Monnet isn't too confident that will happen any time soon.

"Not with this current administration," He said. "It's really
difficult to tell what's going to happen with this because these
people are claiming they 're going to continue to use their medicine.
So people are still very determined. The ball is in Congress' lap. I
hope they have the courage to take on this issue," Monnet said.
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MAP posted-by: Larry Seguin