The Supreme Court will hear arguments today in a case that will determine whether patients in 11 states may use marijuana for medical purposes, in violation of a federal ban on marijuana.

Opponents say it contributes to crime, sets a bad example for young Americans, leads to the use of other drugs and results in drug addiction.

For a nation that has been waging an unsuccessful war against drugs for decades, it is not easy to admit that something good might come of marijuana use. Opponents also fear such laws will lead to the decriminalization and eventual legalization of marijuana. That's another debate for another time.

Under the supervision of a physician, with adequate controls to prevent its abuse or improper use, marijuana is a proven, effective treatment for some seriously ill patients.

Studies by the Institute of Medicine, the American Medical Association, New England Journal of Medicine, the AIDS Action Council, the American Academy of Family Physicians and numerous other organizations conclude that the use of marijuana can relieve pain and nausea associated with illnesses such as cancer, multiple sclerosis and AIDS. And, the studies conclude, that marijuana is less toxic than many common drugs that physicians routinely prescribe to treat patients.


Angel Raich, a plaintiff in the case to be heard today, has tumors in her brain and uterus, seizures, spasms and nausea. Her doctor prescribed nearly three dozens drugs before he found one that works - marijuana. Is her doctor undermining the war on drugs by prescribing marijuana to relieve her pain and discomfort? Absolutely not. It is difficult to imagine federal agents raiding her house to seize the one treatment that eases her pain and allows her to get out of her wheelchair.


We have argued in the past that Congress should amend the federal Control Substances Act to reclassify marijuana from Schedule I to a Schedule II drug, an action that would allow for the medical use of marijuana. The Supreme Court can nudge Congress in that direction by ruling that states have the right to adopt laws allowing the use of drugs that the federal government has banned.

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