Pubdate: Wed, 02 Jan 2002
Source: Santa Barbara News-Press (CA)
Copyright: 2002 Santa Barbara News-Press
Contact:  http://www.newspress.com/
Details: http://www.mapinc.org/media/393

MEDICAL MARIJUANA

America's battle against terrorism is supposed to be eating up the Justice 
Department's time and resources. You'd never know it by the federal 
government's renewed assault on California's voter-approved law on medical 
marijuana.

Drug agents in October raided the Los Angeles Cannabis Resource Center, one 
of California's biggest suppliers of medical marijuana to the seriously 
ill. Earlier, two dozen officers seized hundreds of plants at one of the 
club's marijuana gardens in Ventura County.

Marijuana is an illegal drug, but it merits an exemption from the federal 
Controlled Substances Act when used to help sick people. Smoking marijuana 
alleviates pain and nausea and stimulates appetite in many patients.

Recognizing that, Californians, five years ago, passed Proposition 215. It 
allows the medical use of marijuana by patients suffering from cancer, AIDS 
and other serious illnesses. Voters in other states -- including Arizona, 
Nevada, Oregon and Washington -- have approved compassionate measures that 
permit the drug's use on a doctor's recommendation.

Unfortunately, Proposition 215 was marred from the start because it didn't 
say how patients were supposed to get the drug. Advocates created "buyers 
clubs" to serve that purpose -- and provided ready targets for the feds.

The federal government didn't want to risk hauling patients off to jail. 
California juries wouldn't be so cruel as to punish the seriously ill for 
relying on marijuana.

Last spring, though, the U.S. Supreme Court sided with the federal 
government in a case involving whether an Oakland club could distribute 
marijuana. But nothing in the court's decision invalidated Proposition 215. 
The justices never addressed directly whether a patient's possession and 
use of the drug are illegal.

There may be alternative ways to get marijuana into the hands of the sick. 
The justices, staunch advocates of states' rights, would have a harder time 
knocking down state-run programs to provide the drug.

Americans for Medical Rights, the Santa Monica-based group that promoted 
Proposition 215, may try to put an initiative to do that on the ballot in 
Arizona, Oregon or Washington. The organization says another ballot measure 
in California would be too costly.

But lawmakers in Sacramento could save medical marijuana advocates any 
expense. In fact, it's their obligation to the voters to act.

Proposition 215 still is on the books. California legislators have the 
legal and moral responsibility to try to implement it.

First up should be a bill to establish a state-controlled network to 
distribute marijuana for medical uses.
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