Pubdate: Wed, 08 Jun 2005 Source: Hartford Courant (CT) Copyright: 2005 The Hartford Courant Contact: http://www.courant.com/ Details: http://www.mapinc.org/media/183 Bookmark: http://www.mapinc.org/topics/Raich (Raich v. Gonzales) A MEDICAL SETBACK Treating medical marijuana as an illegal substance akin to cocaine or heroin unjustly punishes seriously ill patients seeking pain relief. The Supreme Court's decision to uphold federal prosecution of those who smoke marijuana for medical conditions stretches the Constitution's commerce clause beyond recognition. The case involved a 1996 California law that allows doctors to prescribe marijuana for those suffering from painful illnesses. Nine other states have since passed similar laws, and other states, including Connecticut, may join them. These state laws have nothing to do with interstate commerce. As a practical matter, the high court's skewed interpretation will have little effect because federal agents rarely arrest individual marijuana users. Prosecution generally is left to local authorities, who are barred from arresting patients in states with medical marijuana laws. Even so, treating suffering patients like common criminals is an inhumane policy that only adds to their misery. Congress should finally summon the courage and good judgment to adopt one national standard legalizing the use of marijuana when it is prescribed by a physician. Meanwhile, three other steps have merit and should be taken: Congress should immediately approve a pending bill that would bar the Justice Department from prosecuting patients who use medical marijuana. The House is scheduled to vote on the bill next week. This simple step would reassure patients that federal agents will not raid their homes to confiscate the drug or arrest them. President Bush could immediately order federal health officials to authorize doctors in all 50 states to prescribe medical marijuana as an exception to current federal drug policy. States can continue to adopt compassionate laws similar to the one in California. Connecticut senators recently approved such a bill, 19-15. It would allow physicians to prescribe marijuana for adults suffering from illnesses including cancer, glaucoma, HIV, AIDS, Parkinson's disease, multiple sclerosis and spinal cord damage. That measure should be adopted by the House. Needless suffering will result if Congress, the White House, the courts and legislatures continue to stumble along for years with a hodgepodge of policies that leave desperate patients confused and vulnerable to prosecution. As Angel McClary Raich, one of the California plaintiffs before the high court said, "We're just sick. We're not criminals." - --- MAP posted-by: Richard Lake