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A CRIMINAL PRESCRIPTION
Congress needs to deal with the Supreme Court's medical marijuana
decision this week for a number of reasons -- not just because we
( like a number of Vermonters ) think medical marijuana use is a good
idea, but also because it brings up the old states' rights versus
federal rights debate. This week, in a 6-3 decision, the high court
said patients who smoke medical marijuana can be prosecuted under
federal drug laws.
Congress should allow the compassionate use of medical marijuana in
cases where a doctor prescribes it to alleviate a patient's pain. Ten
states, including Vermont ( which has about 13 registered medical
marijuana users ), have laws allowing it.
Congress shouldn't allow the high court's ruling to pre-empt states
without medical marijuana laws from adopting them. By the same Supreme
Court ruling, a Vermont patient, while abiding by state law, shouldn't
have to worry about getting arrested by federal agents.
Most states that allow patient pot report they won't change the ways
they do business, and officials on both sides say they don't expect to
launch large efforts to arrest and prosecute medical marijuana users. Still, the court sets up an awkward situation between states and the
federal government. Case in point: Oregon got cold feet about the
court ruling and stopped issuing medical marijuana permits Monday.
Gov. Arnold Schwarzenegger, whose State of California has 10,000
registered medical marijuana users, called on Congress to "provide
clarity."
While there may be no rush to prosecute patients on the federal level,
they say, one must be reminded that Attorney General Alberto Gonzales
is just stepping into office. His compassion has yet to be tested --
the paperweights probably aren't even in place on his desk yet. However, it's worth remembering that his predecessor, John Ashcroft,
asserted the full arm of federal law against medical marijuana users.
Our Congress-folks, a good many we suspect have puffed the wacky weed,
ought to make clear that medical marijuana shouldn't be subject to the
federal government's Draconian drug laws.