WASHINGTON –– The Supreme
Court handed medical marijuana users a major defeat Monday, ruling
that a federal law classifying the drug as illegal has no exception
for ill patients.
The 8-0 decision was a
major disappointment to many sufferers of AIDS, cancer, multiple sclerosis
and other illnesses. They have said the drug helped enormously in
combatting the
devastating effects of their diseases.
Justice Stephen Breyer
did not participate because his brother, a federal judge, initiall
presided over the case.
"In the case of the Controlled
Substances Act, the statute reflects a determination that marijuana
has no medical benefits worthy of an exception (outside the confines
of a government approved research project)," Justice Clarence Thomas
wrote for the unanimous court.
Thomas noted the act states
marijuana has "no currently accepted medical use."
The federal government
triggered the case in 1998, seeking an injunction against the Oakland
Cannabis Buyers Cooperative and five other marijuana distributors.
U.S. District Judge Charles
Breyer, brother of the justice, sided with the government. All
the clubs except the Oakland group eventually closed down, and the
Oakland club turned to registering potential marijuana recipients
while it awaited a final ruling.
The 9th U.S. Circuit Court
of Appeals reversed the lower court, ruling that medical necessity
is a legal defense. Charles Breyer followed up by issuing strict guidelines
for making that claim.
Voters
in Arizona, Alaska, California, Colorado, Maine, Nevada, Oregon and
Washington also have approved ballot initiatives allowing the use
of medical marijuana. In Hawaii, the legislature passed a similar
law and the governor signed it last year.
The cooperative argued
that a drug may not yet have achieved general acceptance as a medical
treatment, but may still have medical benefits to a particular patient
or class of patients.
Thomas said the argument
cannot overcome the intent of Congress in approving the statute.
"It is clear from the text
of the act that Congress has made a determination that marijuana has
no medical benefits worthy of an exception," Thomas wrote.
"Unwilling to view this
omission as an accident, and unable in any event to override a legislative
determination manifest in a statute, we reject the cooperative's argument."
Advocates of medical marijuana
say the drug can ease side effects from chemotherapy, save nauseated
AIDS patients from wasting away or even allow multiple sclerosis sufferers
to rise from a wheelchair and walk.
There is no definitive
science that the drug works, or works better than conventional, legal
alternatives.
Several states are considering
medical marijuana laws, and Congress may revisit the issue this
year. A measure to counteract laws like California's died in
the House last year.
Thomas was joined by Chief
Justice William Rehnquist, Sandra Day O'Connor, Antonin Scalia and
Anthony M. Kennedy. Justice John Paul Stevens wrote a concurring opinion,
joined by Justices David Souter and Ruth Bader Ginsburg.
The case is United States
v. Oakland Cannabis Buyers Cooperative, 00-151.