Pubdate: Fri, 3 Dec 2004 Source: Denver Post (CO) Copyright: 2004 The Denver Post Corp Contact: http://www.denverpost.com/ Details: http://www.mapinc.org/media/122 Author: Stephen Henderson, Knight-Ridder Newspapers, and Denver Post staff writer Karen Augé, Cited: Raich v. Ashcroft http://www.angeljustice.org Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/people/Angel+Raich (Angel Raich) JUSTICES SEEM UNLIKELY TO ALLOW MEDICAL MARIJUANA Washington - The Supreme Court appears unlikely to shield medical marijuana users from federal drug laws, as justices expressed deep reservations Monday about sanctioning even limited use of illegal drugs. Some justices were skeptical that medicinal pot, which is permitted in 11 states, is always a noneconomic enterprise and separate from the illegal drug trade. Others seemed to dispute the idea that Congress could not regulate a substance that is considered contraband. Five justices seemed inclined to rule against the two California patients who sued to prevent the federal government from confiscating their drugs, with two others appearing more open to either side. A ruling is expected by June. At issue in the case is whether Congress or the states have the final say over drug policy. The 1970 Controlled Substances Act banned all uses of marijuana, but in the past decade, 11 states have adopted laws to permit using marijuana with a doctor's recommendation. The case puts the court's conservatives in an odd position. They are the strongest advocates for a line of cases that has restrained federal authority in favor of state autonomy, yet their social conservatism could make it tough for them to side with pot smokers. In 2000, Colorado voted to join the states that allow possession of small amounts of marijuana to lessen symptoms of specific medical conditions. Since the law's implementation, 639 Coloradans have applied for the identification card that entitles them to have up to six plants or 2 ounces of marijuana, said Ron Hyman, director of the state registry of vital statistics. Currently, 500 Colorado residents carry the card. Though Colorado's law is not being directly challenged, officials say the high court's decision could ultimately affect medical marijuana use in Colorado. Hyman said he knew of only one cardholder who had been convicted for marijuana possession and that person had "substantially more" marijuana than the law allows. - --- MAP posted-by: Larry Seguin