May 15, 2001 (Indiana Newspapers Inc) - The U.S. Supreme Court on Monday ruled that federal law provides no exception for people to use marijuana for medical purposes.
The decision is a setback to proponents of medical marijuana use, but at least one local activist predicts it won't stop people who passionately believe the drug helps them cope with the ravages of cancer and AIDS treatments, as well as conditions such as glaucoma and multiple sclerosis.
The high court ruled 8-0 that a California cooperative should not be allowed to distribute marijuana for medical use. That activity, the court said, violates the U.S. Controlled Substances Act, under which marijuana is classified as a Schedule I substance, which carries the highest level of regulation.
The Supreme Court's ruling did not strike down a California state law that allows for limited medical use of marijuana, similar to measures in nine other states. Indiana has no such statute.
Justice John Paul Stevens joined the majority but said in a separate opinion with two colleagues that the ruling went too far by leaving open no possibility for a medical necessity defense. Stevens also warned that the decision could put the federal government at odds with states that have passed medical marijuana measures.
In addition to California, those states are Alaska, Arizona, Colorado, Hawaii, Maine, Nevada, Oregon and Washington.
Justice Stephen G. Breyer did not participate in the high court proceedings because his brother, a federal district judge, presided over the case.
Proponents of medical marijuana use say it helps stimulate the appetite of people with AIDS, counteracts nausea caused by chemotherapy, eases the pain of multiple sclerosis and helps treat glaucoma.
Opponents say those views are based on anecdotal evidence and that no comprehensive, scientific tests have proved the benefits of marijuana. They also say approved drugs with documented track records are available to patients.
Doug Keenan of Noblesville says marijuana worked for him when he battled cancer.
When the cancer spread and he endured radiation to treat it, marijuana helped stave off the accompanying nausea. But he paid for his candor, spending 77 days in jail after he spoke out on a PBS Frontline program about recreational marijuana use. The broadcast brought law enforcement to his door.
Keenan's cancer is in remission, and he no longer needs marijuana for medical purposes; but he defends others facing the dilemma.
"It's a terrible decision you have to make -- your liberty or your life. I think most people would make the same decision I did," he said.
Steve Dillon, an Indianapolis attorney and chairman of the National Organization for the Reform of Marijuana Laws, said the federal government should not be in the business of regulating marijuana.
"I think it's too bad that the federal government is having anything to do with this issue," he said.
He said activists had hoped the case would end up with marijuana being downgraded to a Schedule II drug. But Dillon said that, as a practical matter, federal authorities rarely go after people who have small amounts of it.
Dr. Rod Anderson, medical director at the Damien Center in Indianapolis, has prescribed Marinol, an approved drug that includes some of the ingredients of marijuana. It doesn't appear to be as effective as marijuana itself based on the reports from his patients, said Anderson, whose center serves AIDS patients.
He said approval of the synthetic drug lends credence to the argument that marijuana has some benefits.
"There has to be a medical benefit -- that's why we have Marinol,' Anderson said.
He doesn't advise patients to use marijuana but knows some do.
Dr. Stephen Tharp, president of the Indiana State Medical Association, and Dr. Paula Hall, president of the Indianapolis Medical Society, said they agreed with the Supreme Court's decision based on evidence available.
"I know of no compelling, scientific evidence that (marijuana) is a better alternative than what is available,' said Tharp, who specializes in internal medicine.
Hall, a family practitioner, said most local physicians hold similar views. In addition, they are concerned about the lack of control over the quality and ingredients of marijuana, which can be blended with other substances.
"You have no idea what people are lacing it with," Hall said. "We have scientific drugs that are controlled, that are safer to get.'
But Keenan predicted the court's ruling won't stop anyone who is sick and craves relief from doing whatever they have to do to obtain marijuana.
"It's not going to change anyone's usage patterns," he said. Star news services contributed to this report.
