Marijuana Backers Upset By Ruling

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The recent U.S. Supreme Court ruling barring states from passing their own laws allowing the use of marijuana for medical purposes was far from compassionate.

That's according to Northern New York Libertarian Party Spokesman Lee Monnet, who says he was shocked and dismayed when he learned of the Supreme Court ruling, which strips states of the right to pass their own laws allowing the terminally ill and chronic pain sufferers to use marijuana to help manage their pain and control nausea.

"It wasn't to allow recreational use, it was for people who are terminally ill to use a substance that alleviates their pain and suffering", Monnet said. "Basically what it came down to was who has the power, the federal government or the states, and apparently the Supreme Court ruled that the federal government has the ultimate power."

The ruling means that federal authorities are allowed to prosecute ill people who continue to use the drug. The closely watched case was an appeal by the Bush administration in a case involving two seriously ill California women who use marijuana. The court said the prosecution of pot users under the federal Controlled Substances Act was constitutional.

Justice John Paul Stevens, who wrote the majority, 6-3 decision, said if medical marijuana use is to be allowed, Congress will have to change the federal law prohibiting marijuana to allow its use for medical reasons.

In a dissent, Justice Sandra Day O'Conner said states should be allowed to set their own rules.

Under the Constitution, The Associated Press reported last week, Congress may pass laws regulating a state's economic activity so long as it involves "interstate commerce" that crosses state borders. The California marijuana in question was homegrown, reportedly distributed to patients without charge.

"States should be able to make up their own minds," Monnet said. "I think states should have the right to make their own decisions. It comes down to states' rights. It's really too bad that it comes at the expense of ill people."

Monnet explained that cancer patients who undergo radiation treatments often turn to marijuana to help curb nausea when they eat. Research has also been done on the possible benefits marijuana poses for glaucoma patients as well, be said.

"I understand the Institute of Medicine has said it has some medical value, although there's really not a lot of concrete research out there," he said. "A lot of it is anecdotal, and a lot of people who are using it claim it does work wonders for them."

He added that he doesn't understand why terminally ill people are barred from using marijuana to help ease their pain when more dangerous, addictive drugs like morphine and OxyContin are regularly prescribed by doctors.

"And there's nothing more addictive than morphine," he said. "For these people, when you're dying, partying with marijuana is the least of their desires."

As for congress acting to change the federal law to allow medical marijuana, Monnet isn't too confident that will happen any time soon.

"Not with this current administration," He said. "It's really difficult to tell what's going to happen with this because these people are claiming they 're going to continue to use their medicine. So people are still very determined. The ball is in Congress' lap. I hope they have the courage to take on this issue," Monnet said.

Pubdate: Sun, 12 Jun 2005
Source: Ogdensburg Journal/Advance News (NY)
Copyright: 2005 Johnson Newspaper Corp.
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