Therapeutic Purposes

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Early in the U.S. Supreme Court's opinion upholding federal authority to prosecute medicinal use of marijuana, Justice John Paul Stevens alluded to the emotional overtones of the dispute.

"The case is made difficult by respondents' [Californians Angel Raich and Diane Monson] strong arguments that they will suffer irreparable harm because, despite a congressional finding to the contrary, marijuana does have valid therapeutic purposes," Stevens wrote.

But as Stevens pointed out, the case was not about sympathy or about whether it's fair for federal agents to go after severely ill people even in states that allow medical marijuana.

The issue was whether Congress' constitutional authority to regulate interstate commerce allows it to criminalize personal use of medicinal marijuana as part of a broader national scheme to regulate the sale and transfer of illicit drugs.

A 6-3 majority found that, under well-settled law, Congress has that power.

"One need not have a degree in economics to understand why a nationwide exemption for the vast quantity of marijuana ( or other drugs ) locally cultivated for personal use ( which presumably would include use by friends, neighbors, and family members ) may have a substantial impact on the interstate market for this extraordinarily popular substance," Stevens wrote.

But that's not the end of the debate. Now it's up to Congress to address this problem.

At least 10 states -- California, Alaska, Colorado, Hawaii, Maine, Nevada, Oregon, Vermont, Washington and Montana -- permit the use of marijuana as recommended by a physician for medical purposes.

There is evidence that in some patients it counters nausea, vomiting, pain and appetite loss caused by cancer, AIDS and other conditions, and it has helped people with glaucoma and multiple sclerosis.

Congress could specifically allow medically supervised marijuana treatment in states that have chosen to legalize such use. Congress also could reclassify marijuana, making it medically available but highly regulated, as are other potent but beneficial substances.

The House could vote this week on an appropriations bill amendment by Reps. Maurice Hinchey, D-New York, and Dana Rohrabacher, R-Calif., that would block the Justice Department from spending federal funds to prosecute medical marijuana use in states where it is legal.

This is not a call to legalize recreational marijuana, and it still has no place in children's hands.

But Congress knows how to regulate a range of dangerous drugs that nevertheless help ease patient suffering. It can and should add marijuana to that restricted list.

Pubdate: Mon, 13 Jun 2005
Source: Ft. Worth Star-Telegram (TX)
Copyright: 2005 Star-Telegram, Fort Worth, Texas
Contact: letters@star-telegram.com
Website: http://www.star-telegram.com/