R.I.'s MARIJUANA LAW

A more humane society would not turn its back on suffering -- and, in
some cases, terminally ill -- people who find that marijuana eases
their agony. So it is good news, on balance, that the Rhode Island
Assembly overturned Governor Carcieri's veto of a medical-marijuana
bill, to become the 11th state to allow such use. That should give
welcome comfort to some Rhode Islanders suffering from, for instance,
the rigors of chemotherapy.

But the law has big problems.

For one thing, the U.S. Supreme Court ruled 6 to 3 last year, in a
case involving medical marijuana, that federal drug law supersedes state law.

The Ocean State bill would let patients, with the recommendation of a
doctor or care-giver, possess up to 12 plants, or 2.5 ounces, of
marijuana without being subject to local or state prosection. But the
Feds could still prosecute.

That may have little effect, since most drug enforcement is on the
local level, and federal agents tend to focus on dealers. But
somebody transporting marijuana to a patient -- or, especially, to
large numbers of patients -- could well be prosecuted criminally by
the Feds. Some doctors and caregivers may be very hesitant to
recommend marijuana for fear of being involved in a crime.

That raises another big issue: Where would patients get marijuana?
There are no legal sources, and no standards for dosage or quality of
marijuana, unlike prescription drugs. Users, then, would presumably
have to deal with neighborhood criminals to get their marijuana or
seeds -- by definition, increasing crime -- and they could not be
sure that very harmful or toxic elements were not mixed in. And would
a lot of people start growing their own?

It thus made good sense for the legislation to include a sunset
provision; it will expire on July 1, 2007, unless lawmakers vote to
keep it going. During the interim, the effect of the program -- on
law and order, as well as patients -- will be studied.

That said, there are very sick people who would gladly accept the
risks of using marijuana, and they should have that freedom.

Perhaps the best effect of the new Rhode Island law would be to
encourage a further national discussion of medical marijuana. At some
point, the Supreme Court might have to revisit the matter. Society
should help sick people obtain safe and effective relief from their
misery. If marijuana aids the sick, it should be available to them.