Pubdate: Thu, 29 Mar 2001 Source: Tampa Tribune (FL) Section: Nation/World, page 2 Copyright: 2001, The Tribune Co Contact: http://www.tampatrib.com/ Forum: http://tampabayonline.net/interact/welcome.htm Author: Charles Lane, The Washington Post HIGH COURT HEARS CASE ON MEDICAL MARIJUANA An attorney for an Oakland marijuana cooperative asked the Supreme Court on Wednesday to let sick people obtain marijuana to help alleviate their symptoms, in a case that pits the movement for state "medical marijuana" laws against the federal war on drugs. The court should recognize a "medical necessity" exception to the federal prohibition on the possession and distribution of marijuana, said Gerald F. Uelmen, who represents the Oakland Cannabis Buyers' Cooperative, one of several "cannabis clubs" that sprang up after California voters approved a referendum in 1996 permitting doctor- approved use of marijuana. In political terms, a victory for the Oakland cooperative would be a boost to the medical marijuana movement, which already has persuaded voters in eight states to approve referendums similar to California's. But a ruling in favor of the federal government could be a significant setback to the movement by creating doubt about the ability of states to deviate from federal drug law. Notwithstanding strong support for medical marijuana laws in certain states, national politicians have opposed them rather than stray from the zero-tolerance drug policy the public generally demands. Commenting on the case Wednesday, President Bush's spokesman, Ari Fleischer, said that Bush was personally opposed to medical marijuana, despite remarks he made during last year's campaign that suggested some sympathy for the states' right to adopt a different policy. Bush's view echoes that of the Clinton administration, which had argued in court that the California referendum promotes "disrespect" for drug laws. The Clinton Justice Department sued the Oakland cooperative, and a federal court ordered it closed in 1998. Acting Solicitor General Barbara Underwood, a holdover from the Clinton administration, urged the justices Wednesday not to send a signal that would "undermine the authority of [Congress] to protect the public from hazardous drugs." She argued that there is "no currently accepted medical use" for marijuana, and that permitting courts and juries to acquit marijuana defendants based on "medical necessity" would create a massive loophole in federal drug control laws. She seemed to receive a receptive hearing. Despite its past support for state prerogatives, the Supreme Court has already leaned toward the federal government's assertion of authority against the California cannabis clubs. In August, after a lower federal appeals court had permitted the Oakland cooperative to reopen, a majority of the Supreme Court granted the Justice Department's request to keep the cooperative closed until the justices had a chance to decide the issue. Several justices Wednesday expressed skepticism about what they called the "sweeping" nature of the Oakland group's proposed "medical necessity" rule - --- MAP posted-by: Beth