Pubdate: Tue, 07 Jun 2005 Source: State, The (SC) Copyright: 2005 The State Contact: http://www.thestate.com/ Details: http://www.mapinc.org/media/426 Author: David Stout, New York Times News Service MEDICAL MARIJUANA SUFFERS DEFEAT U.S. Supreme Courtjustices Uphold Federal Prosecutions Of Sick Patients Who Use Drug Under Doctor Supervision WASHINGTON -- The Supreme Court ruled Monday that federal authorities may prosecute sick people who use marijuana under their doctors' supervision, a bitter defeat for advocates of the medical use of the drug. The 6-3 decision, arising from a case in California, concluded that state laws cannot override a federal ban on the substance. The ruling ran counter to the wishes of voters and lawmakers who had adopted "compassionate use" marijuana statutes in California and 10 other states. On a personal level, the focus was on two California women, Diana Monson and Angel McClary Raich, who have used marijuana to gain relief from excruciating pain. Justice John Paul Stevens, writing for the majority, said the case was made difficult by the women's "strong arguments that they will suffer irreparable harm" without marijuana. However, the justice wrote, "well-settled law controls our answer." But some lawyers who have followed the controversy predicted the ruling would not bring sweeping changes, since most marijuana prosecutions are undertaken by state and local officials rather than federal agents. Joining Stevens in the majority were justices Anthony M. Kennedy, David H. Souter, Ruth Bader Ginsburg, Stephen G. Breyer and Antonin Scalia. Raich, who suffers from a brain tumor, chronic nausea and other ailments, expressed dismay. "I'm going to have to be prepared to be arrested," she told The Associated Press in Oakland. She said she relies on three ounces of the drug each week to help her appetite so she can combat a life-threatening wasting syndrome. Federal legislation to allow physicians to prescribe marijuana legally is a long shot, supporters said Monday. "I think support is strong, but people are still frightened a little bit by the politics of it," said Rep. Ron Paul, R-Texas. "If you had a secret vote in Congress, I'll bet 80 percent would vote for it." Marijuana has been used as a medical treatment for thousands of years, according to the Mayo Clinic. In recent years, marijuana and its chemical components have been studied in relation to illnesses ranging from cancer to glaucoma to multiple sclerosis. - --- MAP posted-by: SHeath(DPFFlorida)