Pubdate: Fri, 10 Jun 2005
Source: Norwich Bulletin (CT)
Copyright: 2005 Norwich Bulletin
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Details: http://www.mapinc.org/media/2206

STATES SHOULD DECIDE VALIDITY OF MEDICAL POT

States' rights took a hit Monday when the Supreme Court ruled in
Gonzales vs. Raich that sick people can't use marijuana to feel
better. The decision is wrongheaded and strained, but it finally ought
to catch the attention of Congress, which should legalize the medical
use of marijuana.

The high court, in a 6-3 decision, overruled the Ninth Circuit Court
of Appeals and said federal authority overrides any state law covering
medical marijuana.

Here's where the decision is strained: It was based on the commerce
clause of the Constitution, which gives Congress jurisdiction over
interstate commerce.

How does homegrown pot given to sick people within the same state
translate to interstate commerce? The homegrown stuff would affect
"overall production" of marijuana, some of which is imported by drug
gangs.

How's that for specious reasoning? Given that thinking, anything
anywhere in the country is covered by the commerce clause.

Monday's case was brought by Californians Angel Raich and Diane
Monson.

Raich has inoperable brain cancer, and Munson suffers chronic back
pain. For both, smoking pot is their only source of pain relief.

That seems pretty innocuous: two sick women smoking pot in the privacy
of their homes in hopes of feeling better.

But in this Age of Terror, if you thought that federal agents had
better things to do than take pot from sick people, you're wrong. In
2002, agents of the federal Drug Enforcement Administration invaded
Monson's home in order to destroy six marijuana plants.

This policy is nuts and benefits no one.

Congress -- again -- has the opportunity to step in and say that
individual states can set their own medical-marijuana laws.

And Congress had better not avert its gaze when the topic surfaces --
as it has done for the past decade.

U.S. Rep. Barney Frank, D-Mass., has filed legislation 10 times that
would give states the right to allow the medical use of marijuana.

Frank's "States' Rights to Medical Marijuana Act" (HR 2087) would
change marijuana's classification to let doctors prescribe it. It
would not change laws governing recreational use of marijuana.

In addition to California, 10 other states -- Maine and Vermont among
them -- have compassionate medical-marijuana laws. The Connecticut
state Senate this week approved medical marijuana, but the legislature
adjourned before the House voted.

It is worth noting that Justice Sandra Day O'Connor said that while
she would not have voted for the California law, she supported the
notion of states setting their own policies. She cited Justice Louis
Brandeis' view that states should be free to experiment with social
policy.

No one should be condemned to unnecessary pain and suffering, but
that's exactly what's in store for some people if states are unable to
set sensible medical-marijuana policy.

Congress has dithered too long. Frank's bill deserves better than it
has gotten for the past 10 years.

It is time for Congress to stop meddling and allow states to decide
their own medical-marijuana laws.
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MAP posted-by: Richard Lake