Pubdate: Tue, 07 Jun 2005
Source: Victoria Times-Colonist (CN BC)
Copyright: 2005 Times Colonist
Contact:  http://www.canada.com/victoria/timescolonist/
Details: http://www.mapinc.org/media/481
Author: Sheldon Alberts, CanWest News Service
Cited: Drug Policy Alliance http://www.drugpolicy.org
Cited: Gonzales v. Raich http://www.angeljustice.org
Bookmark: http://www.mapinc.org/topics/Raich (Angel Raich)
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/walters.htm (Walters, John)

U.S. COURT RULES AGAINST MEDICINAL POT USE

WASHINGTON - Americans who smoke marijuana for medical purposes -
even with a prescription from their doctors - will risk federal
prosecution following a ruling Monday by the U.S. Supreme Court.

The decision was a major victory for the White House and a setback to
the legalized marijuana movement in the U.S., which had succeeded in
convincing 10 states to allow the drug to be used by patients
suffering from chronic or severe pain.

"Today's decision marks the end of medical marijuana as a political
issue," said John Walters, the White House's director of national drug
control policy.

In a 6-3 decision, the Supreme Court found federal laws prohibiting
any form of marijuana use supercede legislation in states that permit
prescription of the drug for "compassionate" purposes.

"If there is any conflict between federal and state law, federal law
shall prevail," Justice Anthony Stevens wrote in the majority opinion.

The court's ruling came after two California women -- Diane Monson and
Angel Raich -- filed a lawsuit after federal agents raided their homes
and seized home-grown marijuana they were prescribed to treat a
variety of illnesses.

Raich says she suffers from an inoperable brain tumor,
life-threatening wasting syndrome and seizures. Monson suffers severe
back pain. "I'm going to have to prepare to be arrested," Monson said
following the decision.

The Supreme Court recognized "strong arguments that [Monson and Raich]
will suffer irreparable harm" by the decision, but said it was bound
by clarity in the law.

It relied on an obscure 1942 court decision that upheld Congress's
commerce power to ban wheat grown for home consumption."Production of
the commodity meant for consumption, be it wheat or marijuana, has a
substantial effect on supply and demand for the national market for
that commodity," Stevens wrote.

Any failure by the federal government to regulate bans on the
possession of marijuana "would leave a gaping hole" in the Controlled
Substance Act, he added.

The case underscores the growing gap in marijuana laws between Canada
and the United States.

The Bush administration has taken a no-tolerance attitude toward the
drug and is pressing U.S. high schools to begin random testing for the
drug in students.

The federal government in Canada has allowed the use of marijuana for
medical purposes since 2001. Canadians suffering from terminal
diseases and specific symptoms of illnesses like AIDS, multiple
sclerosis, cancer, arthritis and epilepsy are eligible to use the drug.

The Liberal government is also moving to decriminalize the possession
and use of small amounts of marijuana.

The U.S. decision is the second consecutive blow to activists seeking
to liberalize American marijuana laws.

The Supreme Court ruled in 2001 that federal agents had the right to
close California clinics that provided marijuana to patients.
Pro-medical marijuana groups said the court's decision could have a
chilling effect on states, like Connecticut, that are considering
passing laws permitting marijuana use.

But Dan Abrahamson, director of legal affairs for the New York-based
Drug Policy Alliance said states "still have the right to pass
legislation that protects the rights of patients to use this
life-saving medicine."

The federal government can choose not to prosecute cases or "it can
waste taxpayer dollars by going after sick and dying patients,"
Abrahamson said.

It's estimated the Supreme Court's decision could affect as many as
100,000 patients in the 10 states where marijuana is allowed for
medical purposes.

Many of those patients have been issued state documents identifying
them as eligible to smoke marijuana. The special IDs were created so
the patients wouldn't be arrested if police discovered marijuana in
their possession.

The Drug Policy Alliance expressed concern about whether the
information might be obtained by federal agents and used to track down
medical marijuana users. But the Supreme Court decision said state and
local police aren't required to assist federal agents in investigating
or prosecuting users. 
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MAP posted-by: Richard Lake