Pubdate: Wed, 16 May 2001 Source: Lantern, The (OH) Copyright: 2001 The Lantern Contact: http://www.thelantern.com Details: http://www.mapinc.org/media/1214 Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case) MARIJUANA DECISION DOES NOT SOLVE ISSUE (U-WIRE) COLUMBUS, Ohio -- Monday's unanimous Supreme Court ruling, that federal law does not recognize "medical necessity" as an exception to distribution, does not end medical marijuana use. In fact, it puts the issue back into the hands of the states. The only thing that the ruling states, and it is a very narrow opinion, is that current federal law classifies marijuana as a Schedule One drug that is dangerous and has no possible medical value. Under this law, passed in 1970, the Supreme Court could not come to any other conclusion but to stop private distribution. But Bill Lockyer, attorney general of the state in the middle of this case - -- California -- is correct when he cites: "... the responsibility for determining what is necessary to provide for public health and safety has traditionally been left to the states." To circumvent the court's ruling the only thing that needs to be done is to set up state distribution of marijuana. In fact two states, Nevada and Maine, are already considering such a program. Of the eight states with medical marijuana laws, only one -- Hawaii -- had these laws passed by the legislature. It was by ballot in the other seven. Hopefully this same grassroots pressure can be brought to bear on state governments, in order to get them to fund state-run distribution schemes. It also must be remembered that most criminal prosecution involving marijuana sales occurs on the local level. City district attorneys are the front line in this fight. If they decide, like San Francisco district attorney Terence Hallinan, to not prosecute groups and individuals quietly distributing marijuana ... then federal courts could find themselves swamped with new cases not being tried locally. Not to mention the serious image problems brought on by prosecuting a terminal cancer patient for buying and using the only substance that helps them with their seizures and actually gives them an appetite. The best, and most obvious, solution would be to change the 1970 federal law. The current administration does not support legalization of marijuana. But it wouldn't have to; the only thing that needs to be changed in the current law is the removal of the no possible medical value clauses. If it is recognized to have some medicinal value, then the private clubs could once again handle the distribution for the neediest of patients; until drug scheduling problems are remedied. Monday's ruling doesn't kill medical marijuana, it merely forces society to deal with the issue in a circuitous manner. - --- MAP posted-by: GD