Pubdate: Wed, 07 Jul 2004 Source: Tennessean, The (TN) Copyright: 2004 The Tennessean Contact: http://www.tennessean.com/ Details: http://www.mapinc.org/media/447 Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) MARIJUANA ON THE DOCKET The U.S. Supreme Court has accepted a case that should finally clear up the issue of the medicinal use of marijuana. Two California women had sued the federal government asking for court orders to smoke, grow or obtain marijuana without fear of prosecution. States like California allow such use with the recommendation of a doctor. The women's case was upheld on appeal last year, but the Bush administration appealed to the Supreme Court, which has agreed to hear arguments next session. Thirty-five states have laws recognizing the medical value of marijuana. The Justice Department argues that federal law trumps any state action on the use of medical marijuana. The court has sent mixed messages on the issue. Three years ago the court ruled that marijuana "members only" clubs couldn't claim medical necessity even if doctors had recommended the drugs to the patients who held membership. But last year, the court also told the Bush administration that it would not hear a request to determine if the federal government could punish doctors simply for recommending marijuana use by patients. The decision to consider whether patients might use the drug legally may answer the questions. Some doctors believe marijuana use can help seriously ill patients cope with the pain and nausea that often accompany chronic diseases, including cancer and AIDS. Ideally, it would be available by prescription like other serious drugs. Yet, patients who choose to use it now do so at their peril. In addition to all the other things with which they must cope, they could face prosecution. Justices have eased a lot of minds just by agreeing to listen to how the law might help them and their doctors bear their burden. - --- MAP posted-by: Richard Lake