> "The Bush administration's war on medical marijuana is not only
> misguided but mean-spirited. Doctors have long recognized marijuana's
> value in reducing pain and aiding in the treatment of cancer and AIDS,
> among other diseases."
>
> The New York Times taking a positive position on medical marijuana!
>
> Pubdate: Tue, 04 Feb 2003
> Source: New York Times (NY)
> Webpage: http://www.nytimes.com/2003/02/04/opinion/04TUE2.html
> Copyright: 2003 The New York Times Company
> Contact: letters@nytimes.com
> Website: http://www.nytimes.com/
> Details: http://www.mapinc.org/media/298
> Related: please visit http://www.green-aid.com/ and
> http://www.medicalmj.org/ Bookmark:
> http://www.mapinc.org/people/Ed+Rosenthal Bookmark:
> http://www.mapinc.org/find?115 (Cannabis - California)
>
> MISGUIDED MARIJUANA WAR
>
> Administration officials annoyed at California's support of the
> medical use of marijuana have found someone on whom to vent their
> frustration. Last week, at the urging of federal prosecutors, a judge
> convicted Ed Rosenthal of charges that carry a five-year minimum
> sentence. Mr. Rosenthal is a medical-marijuana advocate who grows the
> drug for use by the seriously ill. His harsh punishment shows that the
> misguided federal war on medical marijuana has now escalated out of
> control.
>
> Mr. Rosenthal, who raised marijuana in an Oakland warehouse, was
> acting within state and local law. California's Proposition 215, which
> voters approved in a 1996 referendum, permits marijuana use by
> seriously ill people. In addition, Oakland has its own medical
> marijuana law, and Mr. Rosenthal was acting as an officer of the city.
> Nevertheless, the judge refused to allow the defense to mention any of
> this at his trial, since it is not a valid defense against federal
> drug charges.
>
> Prosecutors were thus able to present Mr. Rosenthal as an ordinary,
> big-time drug dealer. After a witness said he had met Mr. Rosenthal
> "in the context of Proposition 215," the judge instructed the jury to
> disregard the reference, and took over the questioning himself. The
> foreman said afterward he felt the jury had had no choice but to
> convict, but hoped Mr. Rosenthal would win on appeal.
>
> The prosecution of Mr. Rosenthal is only the latest attempt by the
> federal government to frustrate the will of California voters.
> Washington has also tried to revoke the licenses of doctors who
> recommend marijuana to their patients. This strategy was struck down
> as unconstitutional by a federal court last fall.
>
> The Bush administration's war on medical marijuana is not only
> misguided but mean-spirited. Doctors have long recognized marijuana's
> value in reducing pain and aiding in the treatment of cancer and AIDS,
> among other diseases. A recent poll found that 80 percent of Americans
> support legalized medical marijuana. The reasons the government gives
> for objecting to it do not outweigh the good it does. And given the
> lack of success of the war on drugs in recent years, there must be
> better places to direct law enforcement resources.
>
> If the Bush administration really believes Proposition 215 has no
> legal authority, it should seek to strike down the law itself. Or it
> could go after cities like Oakland, which make medical marijuana
> available as part of municipal policy. Such an approach could be
> inconvenient for an administration that favors greater autonomy for
> state and local governments. But it is less vindictive than a strategy
> that attacks doctors and people like Mr. Rosenthal.
>
> The courts should not allow Mr. Rosenthal's conviction to stand. It
> would be a serious injustice if he were to serve years in prison, as
> he well may. Meanwhile, the administration should stop tyrannizing
> doctors and sick people and focus on more important aspects of the war
> on drugs.
> ______________________________________________________________________
> ____ Distributed without profit to those who have expressed a prior
> interest in receiving the included information for research and
> educational purposes. --- MAP posted-by: Richard Lake
>
>
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