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The Honolulu Advertiser
Posted on: Thursday, June 16, 2005

Marijuana prosecution upheld

By Andrew Taylor
Associated Press

WASHINGTON — Yes, the government can make a federal case out of medical marijuana use, the House said yesterday.

Less than a week ago, the Supreme Court ruled that the government can prosecute medical marijuana users, even when state laws permit doctor-prescribed use of the drug. In response, the House rejected a bid by advocates to undercut the decision.

By a 264-161 vote, the House turned down an amendment that would have blocked the Justice Department from prosecuting people in the 10 states — including Hawai'i — where the practice is legal.

Advocates say it is the only way that many chronically ill people, such as AIDS and cancer patients, can relieve their symptoms.

Opponents of the amendment said it would undercut efforts to combat marijuana abuse. Hawai'i Attorney General Mark Bennett yesterday said the high court's ruling will not overturn the state's medical marijuana program.

Bennett said qualifying patients and their primary caregivers who engage in medical use of marijuana in compliance with state laws will not be prosecuted. He also said physicians who provide written certification for the use of marijuana to qualifying patients also will not be prosecuted.

But Bennett cautioned that participants in the state's program must comply with the law.

"Medical marijuana users, caregivers and physicians are responsible for making certain they know and strictly comply with state law," he said.

"The federal government decides what acts are criminal in the federal system, and each state decides what acts are criminal in each state system. Thus, individuals who comply with Hawai'i's law regarding medical use of marijuana law may nevertheless be violating federal law."

U.S. Attorney Ed Kubo has said he believes Hawai'i's medical marijuana law is essentially "dead."

But Kubo said he would not prosecute doctors unless they went beyond the certification by, for example, providing marijuana samples to patients, directing them to illicit drug dealers or certifying a medical condition that is not "debilitating" as required by state law.

Advertiser Staff Writer Curtis Lum contributed to this report.