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STILL A WISP OF HOPE
THE U.S. Supreme Court ruling this week that federal anti-drug laws trump
state initiatives on medical marijuana will disappoint many who support
allowing the drug for relief of physical suffering.
But the court's decision is not the end of the story.
Congress must respond to the court ruling with new legislation. It must
protect from prosecution patients who use marijuana to relieve pain,
nausea, spasms and other disease symptoms.
New Jersey lawmakers should in the meantime push ahead with a bill that
would allow the medical use of marijuana, as 11 other states already do.
The court's vote, in a California case, upheld the power of the federal
government to prosecute the possession and use of marijuana for medical
purposes, regardless of the state's law allowing it.
The 6-3 decision hinged on justices' concerns about preserving federal
authority over the states, specifically in commerce. That is a reasonable
concern.
Illustrating that the ruling was about federal versus states' rights more
than the desirability of medical marijuana use, the more liberal justices
joined in the majority. And two of the most conservative were in the
minority supporting California patients' rights to use the drug.
The court decision doesn't invalidate state laws allowing medical use of
marijuana. But it means that patients in those states must worry about a
knock on the door from a federal agent.
And although there's still a possibility that the Supreme Court might
ultimately rule in favor of the California patients on other constitutional
issues now before a lower court, no one should pin any hopes on that.
The real solution is federal action to allow the drug for legitimate
medical purposes.
The National Academy of Sciences concluded in 1999 that there are "limited
circumstances in which we recommend marijuana for medical uses."
The academy also called for more study of the issue, as has the American
Medical Association. That makes sense. But pending those studies, patients
should not be denied the physical relief that many seem to get from marijuana.
Don't expect anything positive on that score from President Bush, however.
His drug-control director this week dismissed state medical-marijuana
initiatives as "pro-drug politics" being promoted "under the guise of
medicine."
There's more hope in Congress, where medical marijuana is not a clearly
partisan issue.
Last year, 19 House Republicans were among those who voted to bar spending
on federal law enforcement against patients using marijuana for medical
purposes. That proposal failed, but it is due to come before the House
again next week.
Even better, though less likely, would be for Congress to pass a pending
bill that outright decriminalizes marijuana for medical use.
In the meantime, New Jersey legislators should pass a medical-marijuana
proposal now before the state Senate.
Passing such a state law would offer relief to severely ill patients. And
it would add to the pressure on federal lawmakers to follow suit.