Pubdate: Tue, 07 Jun 2005 Source: Times Argus (Barre, VT) Copyright: 2005 Times Argus Contact: http://www.timesargus.com/ Details: http://www.mapinc.org/media/893 Author: Wilson Ring, Associated Press Cited: Gonzales v. Raich ( www.angeljustice.org/ ) Cited: Vermont Marijuana Policy Project ( www.vmpp.org ) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich) ADVOCATES CLAIM RULING MEANS LITTLE IN VERMONT MONTPELIER -- Advocates and users of medical marijuana in Vermont say Monday's Supreme Court decision that users could be arrested for violating federal drug law doesn't change anything. The vast majority of small-scale marijuana cases are prosecuted at the state level and none of the 13 Vermonters registered to use marijuana for medical purposes are big enough to be worthy of a federal prosecution, the advocates say."We were hoping for a win (in the Supreme Court) so Vermonters would be protected under federal law as well as state law," said Nancy Lynch, director of the Vermont Marijuana Policy Project. "When the medical marijuana bill was passed, lawmakers had to take into consideration that people would still be using marijuana illegally under federal law." "What is different today than yesterday? Nothing," Lynch said. The U.S. Supreme Court on Monday ruled that federal authorities may prosecute sick people whose doctors prescribe marijuana to ease pain, concluding that state laws don't protect users from a federal ban on the drug. The decision said Congress could change federal marijuana laws. Vermont is one of 10 states with a medical marijuana law. Last July, Vermont's medical marijuana law took effect. Vermonters who suffer from cancer, multiple sclerosis or AIDS or related diseases can use marijuana to alleviate their symptoms. Under the state law, people who suffer from one of the qualifying diseases and want to use marijuana must register with the Department of Public Safety by filling out an application that includes a section for their physician to fill out and pay a $100 annual registration fee. Under the state law, registered Vermonters can cultivate up to three plants for their personal use. There is no provision that allows Vermonters to acquire their first marijuana seeds legally. "However they are attaining it is not legal," Lynch said. Jason Gibbs, a spokesman for Gov. James Douglas, said the Supreme Court ruling would not change the way the state registered people eligible to use marijuana to alleviate their suffering. "A preliminary analysis indicates no change is necessary," Gibbs said. Mark Tucci, 48, of Manchester, who suffers from multiple sclerosis, was the seventh Vermonter to register with the Department of Public Safety to use medical marijuana. He said using marijuana meant he didn't have to take what he considered to be stronger narcotics to fight the pain caused by his MS. "It is by far the most benign thing I've pumped into my body. It just gets rid of a lot of pain. It makes my life bearable," Tucci said. Tucci helped lobby the Vermont Legislature to pass the medical marijuana law. He said if federal authorities want to make an example of someone his outspokenness on the issue would make him a good candidate. Tucci is raising two teenage boys by himself (his ex-wife died of leukemia years ago). He has given his sons instructions on what to do in case of a raid by federal authorities. "If I saw a black car pulling up in my door yard I would not be surprised," Tucci said. He was referring to a vehicle carrying federal agents. "I still hope and pray on the state level, we'll stay within the confines of the law and they'll leave us alone. This ruling, thank God we live in Vermont," Tucci said. "What that does, it will force Congress to do something." - --- MAP posted-by: Richard Lake