Pubdate: Mon, 16 Mar 2009
Source: Sun-Sentinel (Fort Lauderdale, FL)
Copyright: 2009 Sun-Sentinel Company
Contact: http://drugsense.org/url/mVLAxQfA
Website: http://www.sun-sentinel.com/
Details: http://www.mapinc.org/media/159
Author: Clarence Page
Bookmark: http://www.mapinc.org/find?238 (Raich v. Ashcroft)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization)

SCIENCE-BASED POLICY NOT JUST A PIPE DREAM

When Charles Lynch asked for permission to sell an  herbal medicine in
Morro Bay, Calif., local officials  gave it to him, although the
medicine was marijuana.

That's because marijuana recommended by a doctor has  been legal in
California since 1996. A dozen other  states have passed similar laws.

So Lynch applied for a business license, joined the  Chamber of
Commerce, talked to lawyers and even called  the Drug Enforcement
Administration before opening his  medical marijuana dispensary.

Unfortunately for Lynch, none of this prevented him  from being
arrested in March 2007, when federal  authorities raided his home and
small business.

That's because the Supreme Court ruled 6-3 in Gonzalez  vs. Raich in
2005 that on the issue of medical  marijuana, federal law trumps the
states.

"Today's decision," crowed President George W. Bush's  drug czar, John
Walters, at the time, "marks the end of  medical marijuana as a
political issue."

Well, not quite. President Barack Obama's attorney  general, Eric
Holder, has announced that the Justice  Department will stop raiding
marijuana dispensaries in  California and other states that allow
medical  marijuana.

But that doesn't help Lynch, whose sentencing is set  for March
23.

Putting the brakes on medical marijuana raids is only  one small step
of the many that still need to be taken  toward a sensible drug policy
after years of  backpedaling by Bush.

Faced with a long list of thorny issues, Obama's  decided to take them
on all at once while his honeymoon  lasts. While he's at it, he needs
to modernize federal  policy on the medicinal use of marijuana.
Stopping the  raids in states where it's legal is good for starters. 
He also needs to lift what has amounted to a ban on  scientific research.

Walters, like the drug czars before him, argued that  the law must
rely on scientific research, "not popular  opinion." Yet 10 years
after a study commissioned by  President Bill Clinton's administration
found medical  value in smoked marijuana, the Bush experts say that's 
not enough.

Obama recently reversed much of what has been called  the Bush
administration's "war against science." He  needs to turn around the
war against medicinal  marijuana research, too.
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MAP posted-by: Larry Seguin