cannabisnews.com: Court Looks at Medical Pot Use





Court Looks at Medical Pot Use
Posted by CN Staff on December 03, 2004 at 09:38:25 PT
By Brooke M. Gottlieb, Staff Writer
Source: Daily Tar Heel
The U.S. Supreme Court heard arguments Monday in a case that will determine whether the federal government can intervene in intrastate possession and cultivation of marijuana for medication or for general distribution.Ashcroft v. Raich is the second case the court has heard in three years regarding the legalization of medical marijuana. In the first case, the court decided against the distribution of marijuana but left the issue of individual medical use unresolved.
In 1996, California passed Proposition 215, which allows doctors to recommend marijuana to seriously ill patients.Angel McClary Raich, a resident of the state, suffers from tumors in her brain and uterus, chronic pain, seizure disorders, scoliosis and endometriosis, among other conditions. Another California resident, Diane Monson, who has joined Raich in the case, uses marijuana to cope with chronic back pain and spasms.Dr. Frank Lucido has served as Raich's doctor for four years and said Raich used marijuana before he recommended it to her. He added that she tried 35 other medicines before trying marijuana."She is a lot more stable now," he said. "She is able to maintain her weight. ... She is able to control her pain."But the petitioners in the case contend that the Controlled Substances Act of 1970 and the necessary and proper clause of the U.S. Constitution empower the federal government to ban the drug. In 2002, the Drug Enforcement Agency seized crops from Monson's garden."What we have here is two women and their caregivers growing marijuana in their own state ... not selling it to anyone," said Bruce Mirken, director of communications for the Marijuana Policy Project, which has filed an amicus brief for Raich.Federal law classifies marijuana as a schedule I drug, meaning that it is considered among the most dangerous of drugs and does not have any medical benefits.Under this category, the federal government can criminalize marijuana, regardless of why and where people use it.But Lucido said marijuana is both safe and effective as a medicine. "There has never been a death reported (because of) marijuana."He also said that while patients might not be protected from the federal government, doctors are. "We can still make the recommendation based on a doctor-to-patient relationship and freedom of speech."He added that while he would not deem marijuana as a last resort, he prefers seeing that his patients have tried other medicines before using marijuana.But the government maintains that federal regulation limits the demand and marketing for marijuana.Still, others say the criminalization of marijuana has not curtailed its use among adolescents."The notion ... is frankly so bizarre, it is barely worth considering," Mirken said.Since the enactment of Proposition 215, 11 other states have granted permission to doctors to recommend marijuana to patients: Alaska, Arizona, Colorado, Hawaii, Maine, Maryland, Montana, Nevada, Oregon, Vermont and Washington.In North Carolina, legislation legalizing medical marijuana is not likely to be a priority."In order for such a piece of legislation to get passed in any state ... there would need to be a broad consensus in the medical community that we would need (medical marijuana)," said Rep. Jennifer Weiss, D-Wake.She has yet to see legislation proposed to allow medical marijuana in North Carolina."I would certainly be receptive to hear about why it would be necessary," she said, adding that she would hear both sides of the issue."I think there are some folks who would say, 'Absolutely not, period,' because it's a drug."Note: Federalism lies at heart of case.Source: Daily Tar Heel, The (NC Edu)Author: Brooke M. Gottlieb, Staff WriterPublished: December 03, 2004 Copyright: 2004 DTH Publishing CorpWebsite: http://www.dailytarheel.com/Contact: http://media.dailytarheel.com/pages/html/contact.htmlRelated Articles & Web Sites:Marijuana Policy Projecthttp://www.mpp.org/Angel Raich v. Ashcroft Newshttp://freedomtoexhale.com/raich.htmHigh Court's The Wrong Joint for Marijuana Fighthttp://cannabisnews.com/news/thread19963.shtmlMedicinal Pot Use Not Government's Concernhttp://cannabisnews.com/news/thread19961.shtmlOur Right To Be Free from Painhttp://cannabisnews.com/news/thread19954.shtml
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