Pot plan burned by ruling Medical distribution not legal, says court

The Supreme Court knocked the wind out of efforts to create a system to distribute marijuana for medical purposes in Maine with a unanimous decision Monday.

The court ruled that a distribution system in Oakland, Calif., was illegal because Congress had not intended to make an exemption for “medical marijuana” under the Controlled Substances Act. California, like Maine and six other states, has legalized marijuana use for medical purposes.

“Given the fact that Maine people asked us to do something, [the decision] could be putting us in the position of being stuck,” said Sen. Susan Longley, D-Liberty, who was among the overwhelming majority on the Health and Human Services Committee that earlier this month recommended passage of a bill to create a similar distribution system in Maine.

“It sounds very uphill right now for the Maine bill,” said Longley, who is co-chair of the committee.

In the U.S. v. Oakland Cannabis Buyers’ Cooperative decision, Justice Clarence Thomas wrote for the majority that, “we hold that medical necessity is not a defense to manufacturing and distributing marijuana.”

Thomas also said that the federal act states that marijuana has no accepted medical use.

Proponents of medical marijuana say it is helpful to people suffering from cancer, AIDS, multiple sclerosis and other diseases. For instance, it helps curb the side effects of chemotherapy, they say.

Maine voters overwhelmingly agreed to allow medical use of marijuana by voting 61 percent to 39 percent in favor of the measure in 1999. The bill left it up to patients to find their own marijuana. Aside from being allowed to grow up to six plants legally, patients have to buy marijuana on the black market.

In the last session of the Maine Legislature, there were efforts to create a system that wouldn’t require black market purchase. One proposal would have put law enforcement in the role of supplying confiscated marijuana to ill people.

After entrenched opposition from most law enforcement agencies, the efforts were tabled in order to study possible distribution methods over the summer. A task force of 29 legislative, law enforcement, health and reform representatives, however, wrapped up its deliberations without reaching consensus.

Sen. Anne Rand, D-Portland, sponsored the bill that made it out of committee earlier this month. She expects it will move forward despite the Supreme Court’s decision. The House has tabled the bill.

The court’s decision applies to city-run cooperatives, but it says nothing about state-run cooperatives, she said.

“That’s a question for another day,” she said.

Longley said state legislators and analysts would study the court’s decision before any action on the bill. State officials and advocates from both sides also were scrambling Monday to understand the implications of the decision.

The Attorney General’s Office issued a statement that it would review “the decision in the days and weeks ahead.”

Even though marijuana possession violates federal law, states such as Maine have carved out exceptions for those using the substance to combat the side effects of chemotherapy or other medical problems. Law enforcement officers say it puts them in a bind because federal laws take precedence over state laws.

Proponents of medical marijuana said Monday’s decision would do little to change the situation in Maine.

“After the dust clears, law enforcement is going to be in the same position they were yesterday,” said Elizabeth Beane, a spokesperson for Mainers for Medical Rights, the group that spearheaded the referendum. “The referendum isn’t affected at all.”

The ball may now be in Congress’ court. Rep. Barney Frank, D-Mass., introduced a bill in April that would prohibit the Controlled Substances Act from applying where state laws regarding medical marijuana apply.

Members of Maine’s congressional delegation were asked for their position. Only Sen. Susan Collins and Rep. John Baldacci responded before deadline.

“The National Academy of Sciences warns of long-term side effects of marijuana, such as cancer, lung damage, and low-birth-weight babies,” Collins said in a prepared statement. “In addition, the Maine Medical Association doesn’t support legalization for medicinal purposes, and there is no convincing scientific evidence that marijuana offers benefits that cannot be obtained from currently approved prescription drugs.”

A spokesman for Rep. Baldacci said the congressman has concerns about marijuana being a gateway substance, but he is interested in looking at medical studies.