Pubdate: Wed, 08 Jun 2005 Source: Macon Telegraph (GA) Copyright: 2005 The Macon Telegraph Publishing Company Contact: http://www.macontelegraph.com/ Details: http://www.mapinc.org/media/667 Cited: Gonzales v. Raich ( www.angeljustice.org/ ) Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal) Bookmark: http://www.mapinc.org/opinion.htm (Opinion) Bookmark: http://www.mapinc.org/topics/Raich (Raich v. Gonzales) CONGRESS NEEDS TO DECIDE A somewhat reluctant U.S. Supreme Court's decision that federal authorities have the constitutional authority to prohibit state-approved marijuana use for medical purposes leaves the ball squarely in Congress' court. In a 6-3 decision, the justices found earlier this week that federal agents have the right to arrest persons who use marijuana to ease the pain of cancer and other ailments, even if the state has passed laws permitting such use. This applies also in cases where physicians have prescribed the use of marijuana based on clear medical needs. The court was torn in its decision involving two seriously ill California women, Angel Raich of Oakland, who has scoliosis, a spinal disorder, and a brain tumor, and Diane Monson of Oroville, who has degenerative spine disease. Both women grow and use marijuana to ease the symptoms of their diseases, and both say they will continue to do so because they have no other choice. "If I stop using cannabis (another name for marijuana) I would die," Ms. Raich was quoted as saying by the Associated Press. Justice John Paul Stevens noted that the court was not passing judgment on the medical benefits of marijuana, but that federal agencies have the authority to regulate the production and use of homegrown marijuana under interstate commerce laws. The use of marijuana for medical purposes has been debated for years, and 11 states have passed laws permitting the use of pot to treat illness. This ruling, opposed by Justice Sandra Day O'Connor, whose dissent was joined by states-rights advocates Chief Justice William Rehnquist and Justice Clarence Thomas, does not strike down the states' medical marijuana laws. But it does establish the right of the federal government to charge users under federal statutes. Congress could - and should - address this problem by allowing researchers to establish once and for all whether marijuana is a useful medical tool in treating serious illnesses. If this is found to be the case, our lawmakers should change marijuana's harshly restrictive designation under the Controlled Substances Act, permitting physicians to prescribe it as the do with other federally restricted drugs. - --- MAP posted-by: Larry Seguin