Pubdate: Mon, 13 Jun 2005 Source: Leader-Telegram (Eau Claire, WI) Copyright: 2005 Eau Claire Press Contact: http://www.cvol.net/contacteditor.htm#editorform Website: http://www.leadertelegram.com/ Details: http://www.mapinc.org/media/236 Author: Don Huebscher, editor Bookmark: http://www.mapinc.org/topics/Raich (Gonzales v. Raich) COURT MESSED UP MEDICAL POT RULING Federal officials say last week's Supreme Court ruling banning marijuana use by the critically ill to relieve pain doesn't mean the feds plan to break down the doors of such people's homes and haul them to jail. That's good because the federal government, which already spends more than $1 billion a day more than it collects, can't afford to waste even more money chasing down sick people who want nothing more than to free themselves from chronic, severe pain. Let's look at it from the government's point of view. The "war on drugs" is a multi-billion-dollar taxpayer-funded effort to stem the flow of illegal substances, which includes marijuana. Officials say it would be a nightmare to try to keep track of which marijuana plots are legal, and thus all marijuana could cross state lines and therefore falls under the clause that gives the federal government control over interstate commerce. Last week's 6-3 Supreme Court ruling simply gives law enforcement officers the freedom to destroy any pot plants they come across. In fact, Tom Riley, spokesman for the White House drug policy office, said federal prisoners convicted of marijuana possession had on average more than 100 pounds. But there also are significant states' rights and individual rights issues at play here. Ten states allow for the gravely ill to grow and use marijuana for pain relief. This is a legitimate right of the state to bestow (see amendments 9 and 10 in the U.S. Constitution). If these rights are abused, then the government has an interest in stepping in. But what's so difficult about figuring out whether someone growing a few pot plants has medical permission to smoke marijuana? It seems as easy as issuing a handicapped parking sticker to certain drivers. And if it is a problem, it's a state problem. The fact the federal government feels inclined to get involved shows how broad its tentacles have encroached and why we're nearly $7.8 trillion in debt. With all the real problems facing law enforcement in this country, whether a dying cancer patient smokes a joint should be far down on the government's list. Much closer to the top should be securing our borders, guarding our airports, seaports and nuclear energy facilities, and doing more to stem the flow of heroin, cocaine and methamphetamine into our communities. Maybe the worst thing about last week's ruling is its negative impact on public support for government in general and law enforcement in particular. Most people don't see how a person suffering from a brain tumor smoking dope is a danger to the public. But because it now technically is a federal crime, the people enforcing the law come off as the bad guys. And public support is paramount for law enforcement officials to protect the communities they serve. It's all so unnecessary. If the court simply had ruled states indeed have the right to allow very sick people to use marijuana to relieve pain and been done with it, then the states could pass or not pass such laws as the people see fit and deal with problems that result. The Constitution was drawn up to give states broad latitude in deciding such matters, and every time the federal government gobbles up more of that authority, we move closer to the kind of society our founders rebelled against in the first place. - --- MAP posted-by: Richard Lake