Pubdate: Tue, 07 Jun 2005
Source: Detroit Free Press (MI)
Copyright: 2005 Detroit Free Press
Contact:  http://www.freep.com/
Details: http://www.mapinc.org/media/125
Bookmark: http://www.mapinc.org/topics/Raich (Gonzales v. Raich )

Marijuana

NO COMPASSION FOR PEOPLE IN PAIN?

The nation's division of powers prevailed Monday even if compassion
and common sense did not for those who turn to marijuana for relief of
debilitating diseases.

Writing for a 6-3 Supreme Court majority, a sympathetic-sounding
Justice John Paul Stevens said the Controlled Substances Act gives the
federal government the right to crack down on marijuana used for
medicinal purposes, despite a state law attempting to make such use
legal in California. Because the drug trade so readily crosses state
lines, enforcing bans on narcotics within states falls within the
realm of the Interstate Commerce Clause of the Constitution, the court
majority ruled.

Former Attorney General John Ashcroft used the West Coast case to test
that theory, even though his Justice Department should have had more
important priorities. Nine other states have passed similar measures.

Stevens invited those who believe marijuana should be a legal means to
relieve chronic pain and suffering -- which a majority of the court
appeared to support -- to take advantage of the democratic process and
ask Congress to rewrite the federal law. Of course, such magnanimous
legislation would fly in the face of the tough-on-drugs image
lawmakers like to project, especially come election time.

Still, Congress has the opportunity to curtail the Justice
Department's heavy-handedness by eliminating federal funding for
prosecutions in this arena through a bill up for House consideration
as soon as next week. Lawmakers could prove they are truly
compassionate conservatives -- against government intrusion and in
favor of personal relief -- by approving it.

If it doesn't pass, the Department of Justice could decide on its own
not to wield its newly endorsed power except in extreme circumstances.
This could be new Attorney General Alberto Gonzalez's chance to prove
he's not his predecessor. 
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MAP posted-by: Richard Lake