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.
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MAP posted-by: GD