Pubdate: Fri, 29 Jun 2001 Source: National Public Radio (US) Copyright: 2001 National Public Radio Contact: http://www.npr.org/ Details: http://www.mapinc.org/media/1296 Show: All Things Considered From Npr News Anchor: Noah Adams Reporters: Ina Jaffe STATE AND FEDERAL GOVERNMENTS AT ODDS OVER LEGALIZATION OF MEDICAL MARIJUANA NOAH ADAMS, host: It's . I'm Noah Adams. This month, Nevada Governor Kenny Guinn signed a law permitting Nevadans with cancer, AIDS and other illnesses to use marijuana to relieve their symptoms. This was one month after the Supreme Court ruled that marijuana use is prohibited by federal law. Yet nine states, like Nevada, still permit patients with certain serious illnesses to use it. NPR's Ina Jaffe reports on this growing conflict between state and federal law. INA JAFFE reporting: The Supreme Court ruling shut down medical marijuana distribution at several clubs in Northern California. But at the Los Angeles Cannabis Resource Center, it's business as usual. And on Tuesday, that means the bakers are at work. Not every user of medical marijuana likes to smoke or can smoke, so Brian, who didn't want to give his last name, is mixing up a batch of brownies, getting ready to add some finely chopped marijuana and other ingredients to the batter. BRIAN: We either add, like, chocolate chips or peanut butter chips just to make them a little bit more interesting, more fun. JAFFE: Fun, perhaps, but definitely illegal according to Congress, which has classified marijuana as a schedule one drug, meaning it has no medicinal value. This law was the basis of the Supreme Court decision. Scott Imler, the head of the LA Cannabis Resource Center, said he wasn't sure at first what effect the high court's ruling would have on his organization. They have more than 800 carefully screened members, he says, who use marijuana to alleviate symptoms of AIDS, cancer, epilepsy and other serious illnesses. Mr. SCOTT IMLER (LA Cannabis Resource Center): So we called an emergency meeting; 165 members showed up, and it was clear and unanimous that nobody's willing to go back to the streets and the black market. People's treatment regimens for cancer and AIDS depend on safe and reliable access to cannabis. You know, we just can't close the door. JAFFE: So club members continue to stop by for their brownies or Baggies. Their supply comes from dozens of plants they grow on the center's first floor. And outpatients in the state of Nevada can also legally grow their own if they qualify for a state registration card. Assemblywoman Chris Giun Achig Aliani is the author of the Nevada law. State Representative CHRIS GIUN ACHIG ALIANI (Nevada): My bill protects individuals from state prosecution if they have their registry card. They will not be subject to any prosecution unless they abuse that. JAFFE: Giun Achig Aliani says the law merely codifies the will of Nevada voters, who overwhelmingly passed medical marijuana initiatives twice. The double vote was necessary for the initiative to become an amendment to the state constitution. Allowing registered users to grow their own pot was an attempt to resolve the catch-22 of medical marijuana, says Giun Achig Aliani Patients are legally allowed to have the drug, but there's not legal way to buy it. Rep. GIUN ACHIG ALIANI: They're at a risk. They have to either purchase it illegally off the street, which many are doing currently, or access seeds in some way and garden. But again, they have to order the seeds illegally over the Internet. The United States has just put people in a terrible quandary regarding medical necessity, and I just think they need to change the federal laws. JAFFE: A spokeswoman for the Department of Justice said they will continue to enforce the ban on marijuana, but she couldn't comment on what specific actions, if any, the department might take in the states where medical marijuana has been legalized. This has left state legislators to wrestle with how best to get an illegal substance to people who are legally permitted to have it. In the state of Maine, some legislators favor creating a not-for-profit distribution center officially sanctioned by the state. Maine Representative Michael Quint. State Representative MICHAEL QUINT (Maine): It would be sort of a quasi-governmental agency, but it would be at arm's length, because one of the things we knew we would not be able to do and get it passed is to have it be funded by state dollars. JAFFE: But last month, when the Supreme Court decision came down, some legislators balked at taking a step that was so out-of-line with federal policy. Quint says the vote has been postponed until January, though he's optimistic it will pass, regardless of federal law. Rep. QUINT: You know what? We're at odds with the federal government all the time, whether it's highway funding, or whether it's Medicaid, environmental issues. We are not always in agreement with the federal government. JAFFE: Advocates of medical marijuana are hoping that Congress will come closer to their way of thinking. The organization Americans for Medical Rights, which has sponsored many of the state ballot measures around the country, plans to sponsor another one next year in Washington, DC. Voters there overwhelmingly approved a medical marijuana initiative in 1998, but Congress, which still has authority over the district, overturned the initiative rather than permit this conflict with federal law. Gina Pesulima is with Americans for Medical Rights. Ms. GINA PESULIMA (Americans for Medical Rights): We plan to go back to Washington, DC, and take this issue back to voters because we believe that that will require Congress to make a decision as to whether they will engage with us on the issue of medical marijuana toward a solution, a national solution on the issue and allow the voters' will to be implemented. JAFFE: And according to the Supreme Court, it's the will of Congress, not the voters, that determines whether using marijuana is considered a treatment or a crime. - --- MAP posted-by: Derek