cannabisnews.com: Medical Marijuana: An Issue of States' Rights Medical Marijuana: An Issue of States' Rights Posted by CN Staff on August 15, 2002 at 09:49:15 PT By Gina Varolli, OJ Contributing Writer Source: Online Journal On July 31, 2001, a bill was introduced in the US House of Representatives that would "provide for the use of medical marijuana in accordance with the laws of various States." The bill, H.R. 2592, was referred to committee on the day of introduction, and there it has remained, collecting few co-sponsors and much dust, for the past year.Unfortunately for this important legislation, many a bill has died in committee. In fact, being referred to committee often means a political burial from which few controversial bills are ever resurrected. It would be a shame to see this legislation disappear from consideration and debate. While many in the US oppose the medicinal use of marijuana, more voters now seem to support it than oppose it. In every state in which a measure regarding medical marijuana has been placed on the ballot, such measures have gained the backing not only of voters, but also of mayors, governors, police chiefs, and state attorneys general. In nine states, voters have passed, in some cases by a landslide, legislation that allows patients to legally purchase and smoke marijuana when prescribed by a physician.The federal government, however, continues to interfere in the business of states concerning this issue. In Oakland and Los Angeles, California, the federal Drug Enforcement Agency's marshals have raided cannabis clubs—safe-havens for the purchase of medical marijuana—and have butted heads with local law enforcement, politicians, and voters. This, in turn, brings to the fore the fact that this issue can be seen as less of a "drug" issue and more of an issue about states' rights and sovereignty.Last month, the California Supreme Court ruled that medical marijuana users are immune from criminal prosecution in the state's courts. The ruling finds that possessing or growing marijuana for medicinal purposes ''is no more criminal, so long as its conditions are satisfied, than the possession and acquisition of any prescription drug with a doctor's prescription.'' However, the US Supreme Court ruled against the Oakland Cannabis Club back in 2001, arguing that state laws on medical marijuana use do not supercede federal drug laws.Also in July 2002, the San Francisco Board of Supervisors approved a ballot measure, which was created by the board itself, that would allow for the exploration of growing marijuana on public lands in San Francisco. In November, the measure will be taken to the voters and there is little doubt that it will pass. This measure is seen by San Francisco's Board of Supervisors as a way to provide the prescription drug to patients without having to involve "drug dealers" and cannabis clubs, which are constantly under siege by the DEA.The moral issue is clear, sick and dying patients who can benefit from the use of medical marijuana, in some cases a benefit that saves lives, ought to be able to fill a prescription from their physician without fear of arrest. The American Medical Association and the American Nurses Association have both spoken out in support of medical marijuana. Doctors, nurses, and patients alike know that this drug can and does save lives and ease pain. Yet, because the federal government maintains that cannabis is an illegal substance, cancer patients, AIDS patients, and others who suffer from degenerative and life-threatening illnesses are forbidden from filling and using a prescription drug as allowed by their state's laws.The legal issue is less clear. However, it does seem to boil down not to a debate about illegal drugs, but to a debate about whose laws take precedence, those of the gederal government or those of the states.H.R. 2592 would end this debate by officially relegating this particular issue to the state level. While the bill does not legalize, in the eyes of the federal government, the sale and use of cannabis for any purpose, be it medical or otherwise, it does clearly spell out that so far as medical marijuana is concerned, the laws of the states shall be the laws that govern and no federal body, not the DEA or the executive branch, can interfere with the wishes of local voters.But H.R. 2592 is at a standstill. Lost in committee, this bill will doubtfully re-emerge unless the public sits up and lets the House know that this is an issue about which they care a great deal. With little mention of this bill in the corporate media, there remains little hope that any public pressure could mount to move this bill. If the public remains uninformed, they are hardly able to fight for this piece of legislation however much they care about the issue itself. And, after all, this is an election year . . . if the voters make this an "issue" then the candidates will have to address it.While H.R. 2592 is a much-needed piece of legislation given the current political tug-of-war between federal and state legislators, it remains questionable that a federal body ought to have any right over the desires—clearly stated in the free exercise of voting—of citizens at the local level. Really, what right has the federal government to step in and nullify or ratify local legislative decisions—to nullify or ratify the will of the voters themselves? How can it be right for the federal government to have any say whatsoever when the voters have spoken and have clearly expressed their will on this issue, when it has no constitutional authority to do so?The right of states to make and enforce their own laws, and the right of citizens to have their votes counted and upheld, are rights with which the federal government has no business interfering. On this issue it is clear how far behind the general populace are the opinions and laws of the federal government. Yet, unless the voters start focusing on H.R. 2592, and making the issue of states' rights regarding medical marijuana an election-year issue, then this bill will likely find the committee to be it's final resting place. It is up to the voters not to allow H.R.2592 to rest in peace. Source: Online Journal Author: Gina Varolli, Online Journal Contributing Writer Published: August 15, 2002Copyright: 1998-2002 Online JournalContact: editor onlinejournal.com Website: http://www.onlinejournal.com/Related Articles & Web Sites:NORML Press Conference Photoshttp://norml.org/index.cfm?Group_ID=5359States’ Right to Prescribe Weed in Dispute http://cannabisnews.com/news/thread13564.shtmlCNN Crossfire: The Medical Marijuana Debatehttp://www.pot-tv.net/ram/pottvshowse1436.ramRepresentatives Hold News Conference on Marijuanahttp://cannabisnews.com/news/thread13560.shtmlCrossfire Transcripts: Keith Stroup & Hutchinsonhttp://cannabisnews.com/news/thread13530.shtml Home Comment Email Register Recent Comments Help Post Comment