Pot times July 15, 2005
America Awaits Reason On Marijuana
URL: http://www.mapinc.org/drugnews/v05/n1113/a05.htmlNewshawk: End Marijuana Prohibition http://www.mpp.org
Pubdate: Wed, 13 Jul 2005 AMERICA AWAITS REASON ON MARIJUANA
Source: Providence Journal, The (RI)
Copyright: 2005 The Providence Journal Company
Contact:
letters@projo.com
Website: http://www.projo.com/
Details: http://www.mapinc.org/media/352
Author: Rob Kampia
Cited: Gonzales v. Raich (www.angeljustice.org/)
Cited: Drug Enforcement Administration ( www.dea.gov
)
Referenced: New England Journal of Medicine editorial http://www.mapinc.org/drugnews/v97/n000/a014.html
Bookmark: http://www.mapinc.org/opinion.htm
(Opinion)
Bookmark: http://www.mapinc.org/mmj.htm
(Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/topics/Raich
(Gonzales v. Raich)
ON JUNE 6, the Supreme Court ruled that the federal government may continue
arresting patients for using medical marijuana in compliance with state
medical-marijuana laws. But the court did not overturn state
medical-marijuana laws or in any way interfere with their continued operation.
In its ruling, the Supreme Court indicated that Congress -- not the court --
must be the institution to change federal law to protect AIDS, cancer and other
medical-marijuana patients from arrest. Last month, Congress got the
chance, but decided not to change policy.
Although some media reports have failed to make this clear, the validity of the
medical-marijuana laws of Alaska, California, Colorado, Hawaii, Maine, Montana,
Nevada, Oregon, Vermont and Washington were never at issue in the Supreme
Court's medical-marijuana case, Gonzales v. Raich. These state laws
protecting patients from arrest and jail remain in full force.
The court has continued the status quo as it has existed since California passed
the first of the 10 state medical-marijuana laws, in 1996: Patients and
caregivers in these states who legitimately possess or grow medical marijuana
are protected under state law, although they are not exempt from prosecution
under federal anti-drug statutes.
This is unfortunate. No one fighting for dignity and life against an
illness such as cancer, AIDS, or multiple sclerosis should have to face arrest
for using a medicine that reduces suffering.
Yet all is not lost. Federal authorities make only 1 percent of the
country's 700,000-plus annual marijuana arrests. Ninety-nine out of 100
marijuana arrests are made by state and local police, enforcing state and local
laws. So in practical terms, state medical-marijuana laws reduce patients'
risk of arrest by 99 percent. This isn't perfect, but it is real and
substantial.
Still, though other court cases focusing on other legal issues will move
forward, it's safe to assume that for now patients cannot count on the federal
courts for protection. This makes the path clear for officials at all
levels.
First, the Bush administration should realize that just because it can arrest
the sick and suffering, it can also choose not to. The administration can
listen to the public and the medical community, and end this cruel war on the
sick now.
In a 1997 editorial, the editor in chief of The New England Journal of Medicine
called the federal ban on the medical use of marijuana "misguided,
heavy-handed, and inhumane." That judgment is as true today as it was then.
Sadly, there is no indication that the administration will change course --
which leaves it up to Congress.
Many Americans don't realize that the federal ban on the medical use of
marijuana was not put in place by the Food and Drug Administration or any
medical or public-health agency. The ban was enacted by Congress;
therefore, Congress can change it.
Congress has rejected the chance to use its spending authority to stop the Drug
Enforcement Administration from attacking medical-marijuana patients and
caregivers in states that allow medical use. Representatives Maurice
Hinchey ( D.-N.Y. ) and Dana Rohrabacher ( R.-Calif. ) offered such
an amendment, but the House rejected it when the appropriations bill to fund the
Justice Department reached the House floor, last month.
By passing the Hinchey-Rohrabacher amendment, Congress could have stopped these
pointless attacks on patients.
In any event, state officials must continue to do everything they can to protect
patients under state law. In states with medical-marijuana laws, this
means continuing to implement the laws exactly as before. And in states
without such laws, legislators must realize that they are the best hope for sick
and suffering patients. They must act now to protect patients under state
law.
Make no mistake: The Gonzales v. Raich decision is disappointing to anyone
who has compassion for the seriously ill. But it doesn't set us back.
It simply maintains the status quo.
The day will come -- soon -- when Americans will look back at our policy of
arresting patients for using medical marijuana and see it as every bit as
bizarre as the laws that used to call for the burning of witches.
Rob Kampia is executive director of the Marijuana Policy Project ( www.mpp.org
).
