EDITORIAL
Federal law needed for medical marijuana
The U.S. Supreme Court ruling enabling federal prosecution of marijuana distribution — despite "medical marijuana" laws in Hawai'i and other states — sets up an unfortunate quandary that only the federal government can fix.
The court correctly ruled that state laws allowing medi-cinal marijuana can't trump federal laws that allow prosecution of its use.
Proponents of medical marijuana argue that the decision does not necessarily throw out a 3-year-old 9th Circuit Court of Appeals ruling that bars the prosecution of doctors where state law permits medical marijuana use.
Regardless, without the clear assurance of legality, most doctors will be reluctant to issue certifications for medicinal marijuana in Hawai'i or the 10 other states that allow it.
Clearly some of the justices were sympathetic to the use of marijuana as a palliative for pain sufferers. Chief Justice William Rehnquist, suffering from thyroid cancer, opposed the decision, and Justice John Paul Stevens, a cancer survivor, said the ruling did not pass judgment on marijuana's medical benefits.
What the ruling did was pressure Congress to bring clarity to this clouded matter. Next week the House will vote on an amendment that would prevent the federal government from spending funds to interfere with state medical-marijuana laws.
That is the wrong approach. It wouldn't preclude federal law enforcement from using existing funds to pursue doctors or even patients.
The prohibition against marijuana for pain relief or medi-cinal purposes is a law that is rapidly being overcome by the needs of society. There are many who still oppose its use under any circumstances, but the movement toward its legalization for limited purposes seems to be accelerating.
Congress must acknowledge the legal conflict and the pressing need for resolution. Lawmakers must resurrect a campaign for a national medical marijuana law. Neither patients nor their doctors should be left dangling in the breach between an ironclad, outdated federal prohibition and state provisions that allow people to be treated with compassion.
