Pubdate: Thu, 29 Mar 2001 Source: Miami Herald (FL) Copyright: 2001 The Miami Herald Contact: http://www.herald.com/ Details: http://www.mapinc.org/media/262 Author: Anne Gearan, Associated Press HIGH COURT SEEMS SKEPTICAL OF MARIJUANA AS MEDICINE WASHINGTON -- Marijuana is an illegal drug, even if voters like the idea of using it in medical therapy, the federal government argued Wednesday as the Supreme Court took a first look at the debate over prescription pot. The court's ruling, expected by June, likely would settle whether patients may get marijuana as a "medical necessity'' even though it is an illegal drug under federal law. A ruling for the Oakland Cannabis Buyers Cooperative would allow special marijuana clubs to resume distributing the drug in California, which passed one of the nation's first medical marijuana laws in 1996. A ruling for the federal government would not negate the California voter initiative, but would effectively prevent clubs like Oakland's from distributing the drug. Several justices seemed skeptical of the marijuana-as-medicine argument in general, and of the notion that marijuana distributors have what the club's lawyers call a medical-necessity defense in court. That defense would essentially have a judge or jury agree that someone's need for the drug overrides the law. If that is so, the someone should be an actual patient, rather than a business organized to dispense or sell drugs, Justice Antonin Scalia suggested. "That's a vast expansion beyond any necessity defense I've ever heard of,'' Scalia said. Justice Anthony Kennedy seemed to agree. "You're asking us to hold that this defense exists . . . with no specific plaintiff before us, no specific case,'' Kennedy told the club's lawyer, Gerald Uelman. At the White House, spokesman Ari Fleischer said President Bush supports federal prohibitions on marijuana, but also respects states' rights to pass referendums like California's. "The president is opposed to the legalization of marijuana, including for medicinal purposes,'' he said. A vocal assortment of interest groups and activists supporting the use of marijuana as medical treatment mounted an energetic public relations campaign ahead of Wednesday's oral arguments, and activists on both sides gathered outside the court. One woman carried a picket depicting a red "Stop'' sign. It read: ``Stop arresting patients for medical marijuana.'' On the other side, Scott Rich of the conservative Family Research Council said endorsing marijuana as therapy sends the wrong message to young people. "Marijuana is not good medicine, to put it simply,'' he said. A ruling against the club would mean the government could prosecute distributors aggressively in federal court, regardless of whether states have approved medical marijuana use. That would force providers underground or out of business altogether, advocates of medical marijuana say. California Attorney General Bill Lockyer is backing the Oakland club, arguing that the state has the right to enforce its law allowing seriously ill patients to use marijuana. Some patients and doctors say the drug relieves nausea, improves energy levels and helps combat the symptoms of ailments ranging from cancer to AIDS to glaucoma and multiple sclerosis. The Clinton administration sued the Oakland group and five other California distribution clubs in 1998, arguing that the clubs broke federal drug law by distributing, and in some cases growing, marijuana for medical use. - --- MAP posted-by: Larry Stevens