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.
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