Pubdate: Wed, 24 Nov 2004
Source: Core Weekly (Madison, WI)
Copyright: 2004 Core Weekly
Contact:  http://www.mapinc.org/media/3593
Website: http://www.coreweekly.com/
Note: The website above is currently under construction.
Author: Melissa Frey
Cited: Is My Medicine Legal YET? http://www.immly.org
Cited: Raich v. Ashcroft http://www.angeljustice.org
Cited: Schaffer Library of Drug Policy http://www.druglibrary.org/schaffer/
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/people/Gary+Storck

U.S. SUPREME COURT TO HEAR MARIJUANA CASE

Might be Yea or Nay for Medical Marijuana

GARY STORCK smokes a lot of pot.

The 49-year old co-founder of IMMLY - Is My Medicine Legal Yet - uses
the illegal drug everyday to counter the debilitating effects of
glaucoma, heart surgery and chronic arthritis. His physician supports
the treatment, which, under Madison ordinance 2320, allows it.

The federal government doesn't.

"For me, cannabis has been a great equalizer in trying to counteract
my chronic health problems," said Storck. "I've known for over 32
years that it can save eyesight from glaucoma and I think it is a
national shame that we have allowed politics to withhold medical
cannabis from patients in need."

Storck has lobbied on behalf of medicinal marijuana at the state and
national level.

"(A friend) takes shots of morphine to control her pain, and on our
last two trips I actually had to help her with shots in the hallways
of congressional office buildings," Storck told Representatives at a
2002 Washington D.C. Capitol press conference. "It seemed very ironic.
  If it is legal for her to have morphine, why not cannabis?"

Storck echoes this sentiment today. "If it is acceptable to use
radiation and chemotherapy to treat patients -- treatments where the
risks often outweigh the benefits -- how can we keep a non-toxic
humble little herb from people in need? It's about freedom, too. It is
a blight on this supposedly free nation that we treat our sick and
dying with such barbarism. It's common sense good medicine and it is
also one of the few issues Americans seem to agree on."

In fact, a recent TIME/CNN poll revealed 80% of Americans support
"medipot" for patients if their doctors recommend it. Since 1996, 11
states have legalized medicinal marijuana.

"The current crop of mostly old white males running our country is out
of step with the average American on marijuana," he continued.

But, on Nov. 29, the U.S. Supreme Court will begin moving to a ruling
that will either condone or condemn federal prosecution of medicinal
marijuana users (and suppliers) in spite of state-supported
decriminalization for these patients.

The hearings are the latest in a rash of legislative hearings pitting
states' rights proponents and medicinal cannabis advocates against the
federal government's efforts at cracking down.

One case, Raich v. Ashcroft, stems from an October 9, 2002 lawsuit
brought against then-Attorney General John Ashcroft by California
user-activists Angel McClary Raich, Diane Monson and two of Raich's
anonymous caregivers.

Counsel for Raich will argue that federal prosecution of marijuana
growers who cultivate the weed for medicinal purposes is
unconstitutional.

Attorney generals from Alabama, Mississippi and Louisiana have also
filed on behalf of Raich.

"We happen to think California's medical marijuana policy is
misguided, Alabama solicitor general Kevin Newsom told Time Magazine.
"But this isn't about the drug war. It's about states' rights."

Others, like Gary Storck and Angel Raich, see the ruling as
precedent-setting for those who depend on physician-recommended
marijuana for their health and well-being.

"We are facing a monumental court battle of national significance,"
Raich's website, http://www.angeljustice.org, says of the November
hearings. "This is a landmark, precedent-setting case, so it is
important that the precedents it creates be positive for the medical
cannabis movement.this case could signal a dawning of a new day for
national and compassionate policy making."

"Most Americans understand that if someone is suffering and there is
something that can help, it should be legally available", said Storck.
"We hear a lot of talk about family values and morals, but what is
more family values than taking care of an ailing family member?"

[Sidebar:]

A DIFFERENCE OF OPINIONS:

The United States government takes a hard line against marijuana
reform, often ignoring well-documented evidence that might prove
extreme prohibitions unnecessary. But how well does the government's
argument for prohibition stack up against those of leading drug reform
advocacy groups?

Marijuana Is a Gateway to the Use of Other Drugs?

Government: Yes. Among marijuana's most harmful consequences is its role in
leading to the use of other illegal drugs like heroin and cocaine. Long-term
studies of students who use drugs show that very few young people use other
illegal drugs without first trying marijuana.

Reformists: Most users of heroin, LSD and cocaine have used marijuana.
However, most marijuana users never use another illegal drug. Over time,
there has been no consistent relationship between the use patterns of
various drugs.

Marijuana Is an Addictive Drug.

Government: Marijuana is an addictive drug1 with significant health
consequences to its users and others. Many harmful short-term and long-term
problems have been documented with its use:

Reformists: Essentially all drugs are used in "an addictive fashion" by some
people. However, for any drug to be identified as highly addictive, there
should be evidence that substantial numbers of users repeatedly fail in
their attempts to discontinue use while developing use patterns that
interfere with other life activities.

Marijuana Causes Lung Damage.

Government: Smoking marijuana also weakens the immune system4 and raises the
risk of lung infections. A Columbia University study found that a control
group smoking a single marijuana cigarette every other day for a year had a
white-blood-cell count that was 39 percent lower than normal, thus damaging
the immune system and making the user far more susceptible to infection and
sickness.

Reformists: Except for their psychoactive ingredients, marijuana and tobacco
smoke are nearly identical. Because most marijuana smokers inhale more
deeply and hold the smoke in their lungs, more dangerous material may be
consumed per cigarette. However, it is the total volume of irritant
inhalation - not the amount in each cigarette - that matters. Most tobacco
smokers consume more than 10 cigarettes per day, and some consume 40 or
more.

Sources: U.S. Department of Justice, Schaffer Library of Drug Policy: A
project of the Open Society Institute.
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MAP posted-by: Richard Lake