Editorial: Marijuana as medicine

Tuesday, June 7, 2005 | 9:03 a.m.

On Monday the U.S. Supreme Court ruled that the federal government has the power to prosecute sick people who use marijuana -- even when state law says its use is allowed when prescribed by a doctor. The 6-3 opinion found that Congress' authority to regulate marijuana trumped the actions by 10 states, including Nevada, to permit its use solely for medical reasons. The ruling turned on whether Congress had the power to supersede the rights of states in setting drug policy.

Some advocates of medical marijuana, while disappointed by the ruling, tried to minimize its actual impact. They believe the federal government won't crack down on patients who use marijuana, noting that it is state and local officials who typically initiate such prosecutions. We hope that turns out to be the case, but we don't share their optimism that the federal Drug Enforcement Agency will look the other way if marijuana is being used, no matter how legitimate its use.

Justice John Paul Stevens, who wrote the majority opinion, noted that there is an avenue available to permit medical marijuana's legal use: Congress could rewrite federal law and enable states to set their own laws governing how the drug is dispensed. We believe Congress should do so, but even some members of Congress who support medical marijuana are pessimistic about its chances. Rep. Ron Paul, R-Texas, told the Associated Press that if there were a secret ballot, he thinks 80 percent of the members of Congress would be in favor of medical marijuana, but unfortunately many of them are afraid of a political backlash.

That medical marijuana has been legalized in 10 states -- many of them viewed as conservative, law-and-order states -- should tell members of Congress that being in favor of medical marijuana isn't at odds with the so-called "war on drugs." Indeed, states tried to step into the void left by the federal government and had sought to alleviate the pain and suffering of patients, some of whom need marijuana to deal with cancer and the aftereffects of chemotherapy, by allowing marijuana as a legitimate treatment.

Sick patients who could benefit from medical marijuana face a dilemma in the wake of the court's decision: They must now fear facing jail if they use it, or refrain from its use and suffer through their pain. Will Congress stand by and watch as people suffer or get sent to prison? We hope that members of Congress will see this issue as really being about giving sick patients the right treatment to alleviate any suffering they are undergoing.