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EDITORIAL: A Way to Make Pot Legal for Patients
[05/18/2001; Boston Globe]
Efforts to make marijuana use legal for reducing pain
and nausea in patients suffering devastating diseases
were dealt a setback Monday when the Supreme Court
ruled 8-0 that federal narcotics law permitted no exemption
for medicinal use.
The ruling specifically referred to an Oakland,
Calif., cooperative that distributed marijuana for this purpose.
Lawyers were unsure of the impact on individuals' use or on distribution
by a state government, which Maine and Nevada are considering.
But there is a straightforward way for Congress to end the uncertainty
and let states set their own courses. Lawmakers could pass the
bill sponsored by Massachusetts congressman Barney Frank, which
would put marijuana in the category of controlled substances
that do have a medical purpose, such as morphine, and can legally
be used with a doctor's prescription.
Under Frank's bill, the
nine states that have given marijuana this status in their own
laws would no longer be in the legal limbo that the conflict
with federal law has created. Other states could adopt this approach
or continue to ban marijuana for all purposes.
If Congress passed
the Frank bill, it might just get the approval of President George
Bush. As Justice John Paul Stevens noted, Bush in 1999 said he
was opposed to legalizing marijuana for medical use but also
said, ``I believe each state can choose that decision as they
so choose.'' Advocates of the medicinal use of marijuana were
encouraged by the 1999 report of the prestigious Institute of
Medicine, a private, nonprofit agency chartered by Congress to
provide policy advice, which found that the drug could be useful
in treating patients with cancer, AIDS and other diseases.
The
report, which said there was no evidence that marijuana is a
``gateway'' to harder drugs, predicted that its future as a medicine
would be in the development of pharmaceuticals or other delivery
systems, such as a vaporizer, that used marijuana's active ingredients.
The institute had studied the issue at the behest of President
Clinton's drug czar, Barry R. McCaffrey, who was concerned by
the trend of states adopting medicinal-use laws.
The study called
for more study of the effect of marijuana's active ingredients
on pain and nausea. Such study has been limited not just by the
federal ban and the government's reluctance to supply a source
of the drug, but also by the fact that it is not patentable and
no pharmaceutical company will reap profits from developing it.
The Frank bill calls on the National Institute of Drug Abuse
to make marijuana available for study under the Food, Drug, and
Cosmetic Act. There are many legal drugs physicians can recommend
for pain and nausea. But if some patients find marijuana best
for their needs, politicians should not stand in their way.
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 Norml News, 6/02

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 LINK to only legal marijuana
farm in the US - patient oriented
information

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 LINK to UK site offering
many articles and links

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