Pubdate: Mon, 03 Oct 2005
Source: Badger Herald (Edu, Madison,  WI)
Copyright: 2005 Badger Herald
Contact:  http://www.badgerherald.com/
Details: http://www.mapinc.org/media/711
Author: Badger Herald Editorial Board

WISCONSIN'S DANCE WITH MARY JANE

The state Legislature - led by Gregg Underheim, Mark Pocan and Spencer
Black - will soon begin contemplating the limited legalization of
marijuana for medicinal purposes within Wisconsin. The legislation,
already once dismissed and surely controversial for panoply of
reasons, is sure to stir passionate reactions from hippies and yuppies
alike.

And for once, we're siding with the tie-dye-toting lifetime members of
the Bob Marley fan club.

While reasonable arguments exist against the cart-blanche legalization
of marijuana, we find no such convincing logic in the barring of its
limited medical application. Those suddenly becoming doctor-sanctioned
tokers would be some of the most debilitated members of society,
almost universally terminally ill and fervently unconcerned with the
long-term consequences of a drug capable of alleviating short-term
pain.

By all accounts, marijuana effectively relieves nausea, vomiting and
other stark side effects of both terminal diseases and their various
treatments. The drug's ability to reduce pain is also worthy of note,
though neither the state government nor this board go so far as to
suggest its presentation as an alternative to Tylenol. And in a sense,
that is what is critical to understanding this legislation: it is not
aimed at the masses, it is not meant to affect many or likely to have
any notable impact on the general public.

It is merely a merciful bill that would help a few suffering people
feel a touch better.

And that is truly the sort of humane thing that the government ought
not to be interfering with via overly sanctimonious narcotics laws.

Finally, though, we are concerned about the question of
implementation. Federal law currently trumps state law on this
question, and while several cases are currently pending before the
courts, we are unsure as to whether or not the judicial body is
prepared to widely expand the restriction established in United States
v. Lopez, although the court has recently strengthened the commerce
clause.

Moreover, regardless of federal legality, the reality remains that
marijuana is not grown legally in Wisconsin. So while its possession
may soon become permissible on limited grounds, we are concerned that
the inevitable outcome will be cancer patients sneaking down back
allies in feeble attempts to fill their prescriptions.

For this legislation, if passed, to work, the state government must
find a way to produce limited amounts of marijuana.

The notion of terminally ill patients being forced to track down
Cheech and Chong in pursuit of a dime bag is perhaps as reprehensible
as the notion of not allowing terminally ill patients the relief of
marijuana.
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MAP posted-by: Derek