Pubdate: Mon, 14 May 2001
Source: Oregonian, The (OR)
Copyright: 2001 The Oregonian
Contact:  http://www.oregonlive.com/
Details: http://www.mapinc.org/media/324
Author: Gillian Flaccus

RULING WILL HAVE LIMITED IMPACT ON OREGON LAW

PORTLAND, Ore.  (AP) -- A state law that permits marijuana use by 
Oregonians with certain illnesses is unlikely to be affected by a U.S. 
Supreme Court ruling that federal law makes no exception for medical 
marijuana, legal and health experts say.

The unanimous decision by the high court on Monday noted that marijuana has 
"no currently accepted medical use" and cannot be granted an exception 
under the federal Controlled Substances Act.

The ruling will have little impact on Oregon's law, because enforcement 
lies with federal agencies and not state ones, said Kristen Grainger, 
spokeswoman for the Oregon Attorney General's office.

"The ruling today does not directly affect Oregon law," she said.

Michael Brown, assistant U.S.  Attorney for the District of Oregon, said 
Monday's ruling means federal agents could prosecute Oregon's medical 
marijuana users, but that isn't likely.

Individuals growing a small number of plants "haven't met our criteria for 
prosecution" in the past, he said, though a new White House administration 
could change that.

Oregon voters passed medical marijuana legislation in 1998 for patients 
suffering from AIDS, cancer, multiple sclerosis, glaucoma and other 
illnesses.  Under current state law, approved users may grow three mature 
plants, four immature plants and possess 3 ounces of dried plant and 
flowers at one time.  A doctor cannot prescribe marijuana, but can suggest 
it to patients who might benefit.

Two new medical marijuana bills are under consideration by state 
lawmakers.  Joint House Resolution HJM31 asks the next Legislature to 
petition the federal government to legalize medical marijuana nationwide.

Another bill, HB3919, would increase the amount of marijuana permitted to 
medical users to four mature plants, five immature plants and 10 ounces of 
dried marijuana.

About 1,600 Oregonians are approved medical marijuana users, said Stormy 
Ray, a 45-year-old Ontario woman who uses marijuana to control her multiple 
sclerosis.

Ray, who lobbied heavily for the 1998 legislation and is pushing HJM31 and 
HB3919, hopes Monday's ruling will convince federal lawmakers to rewrite 
legislation to make medical marijuana legal nationwide.

"Give us a (legal drug) category and get us out of these federal traps," 
she said.

Geoff Sugerman, a political consultant who campaigned for the medical 
marijuana legislation, said he is interested to see how federal officials 
react to the ruling.

"It's not going to invalidate all the state laws," he said.  "The question 
is, is the federal government going to wage its war on drugs against sick 
and dying patients?"
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MAP posted-by: Beth