08 June, 2005 23:56 GMT
The Supreme Court has kicked the medical marijuana ball into Congress' court.
Diane Monson of Oroville, Calif., smokes marijuana to relieve the effects of degenerative spine disease. Her status as a plaintiff in a case that went all the way to the US Supreme Court put her on the marquee of a controversial cause.
An Associated Press photograph of her smoking marijuana was published Tuesday in the Journal, along with
news that the High Court affirmed the authority of Congress to make laws against marijuana and see them enforced.
'Prepared to Be Arrested'
The feds, however, only account for about 1 percent of all pot arrests, according to the Marijuana Policy Project. And state and local police in the states that permit medicinal use don't enforce federal law.
Low-profile medical marijuana users don't have to worry much. But Monson is a likely candidate for prosecution. "I'm going to have to be prepared to be arrested," she said.
The statement makes it clear that she has made a hard choice. And the Supreme Court decision throws Congress a hard choice. If it has the authority to make laws against marijuana, Congress has the power to approve its use for medical purposes or to permit states to do so.
The hard part of that choice for a member of Congress is laying oneself open to charges from war-on-drugs hardliners of being "soft."
Good Policy, Good Politics
To relieve anxiety about single-issue zealots thwarting re-election, incumbents should consider:
In 1988, after extensive hearings, a Drug Enforcement Agency administrative law judge recommended downgrading marijuana on the list of dangerous drugs. "It would be unreasonable, arbitrary and capricious for DEA to continue to stand between those sufferers and the benefits of this substance in light of the evidence. ..."
In 1997, the
New England Journal of Medicine editorially advocated rescinding federal prohibitions of medicinal marijuana, and asserted that federal officials were out of step with the public.
They still are. AARP's November poll of adults over 45 registered a 72 percent level of support among respondents for medical marijuana.
Giving Diane Monson relief isn't being "soft." It would acknowledge medical realities and reflect public opinion -- good policy and good politics.
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