Pubdate: Wed, 16 May 2001 Source: Times Record (ME) Copyright: 2001 Times Record Inc., ASC Inc Contact: http://www.timesrecord.com/ Details: http://www.mapinc.org/media/705 Bookmark: http://www.mapinc.org/ocbc.htm (Oakland Cannabis Court Case) HIGH COURT SENDS POT PLAN UP IN SMOKE Congress will have to change the 1970 Controlled Substances Act before states that allow the use of medical marijuana can set up buyers' cooperatives to supply and distribute the drug. The U.S. Supreme Court ruled unanimously Monday that it does not consider the use of marijuana for medicinal purposes, even with a prescription, an exception to the federal law. The act classifies the drug as illegal. Period. The justices' hands are tied, all 16 of them. Smoking marijuana offers cancer and AIDS patients relief from the nausea that plagues them, which then improves their appetites and prevents weight loss. It has also been shown to ease symptoms associated with multiple sclerosis, glaucoma and neurological problems such as epilepsy. An estimated 400 patients in Maine could use the relief. Maine is one of just nine states that recognize medical marijuana. Here a patient may possess six plants or 1.25 ounces of the drug if he has a note from a doctor saying they have fully discussed its potential and dangers. This is a merciful statute, but one fatally flawed because the only way to obtain marijuana is on the black market. Maine's distribution plan endorsed by two legislative committees will likely be on hold now, since it would conflict with federal law and Monday's ruling. Fortunately, the Supreme Court left intact state laws allowing the medical use of marijuana. States may also choose not to prosecute people who use marijuana for medical purposes. Mainers for Medical Rights thinks there may be a loophole regarding states' rights. State vs. federal jurisdiction would be tested were Maine, or one of the other eight states, to establish state-authorized distribution centers. Otherwise, Congress will have to revisit the 31-year-old law that classifies marijuana as an illegal drug. Given this administration's endorsement of the abysmally failing war on drugs, not much is likely to change while the Republicans are in power. Meanwhile people suffering with life-threatening and debilitating ailments struggle on, absent a proven form of relief. - --- MAP posted-by: Josh Sutcliffe