Yet, despite legislative and voter approval, the new statutes run head first into a stone wall of federal codes prohibiting the use of the drug in any circumstance. California, Arizona, Washington State and Oregon also have laws that lift the risk of state prosecution for any seriously ill patient prescribed marijuana cigarettes for a very short list of illnesses and diseases. In most states, smoking medical marijuana is limited to treating glaucoma, chronic pain, seizures and spasms and AIDS and nausea from cancer chemotherapy, The Minnesota Legislature this week also is considering similar legislation and voters in Colorado and Maine are expected to see ballot issues in 2000. Nevada voters have approved a law, but it requires a second verification vote that will be held in 2000 as well. Many of the states with laws, however, are still working out ways patients can legally obtain and use the drug.
Federal statutes prohibit the growth, use or distribution of marijuana for any purpose.
So while patients may be exempt from state prosecution, they are not off the hook in the event of a federal drug bust. No state is going to challenge the federal government. And the federal government isn't showing any sign of giving in. After the 1998 elections, in which the Alaska law was approved, federal prosecutors made it clear they will continue to enforce statutes against marijuana use while encouraging medical research into the efficacy of smoking marijuana. Joe Lockhart, President Clinton's press secretary, also reiterated last November the administration opposes legalized medical marijuana without convincing scientific evidence.